petitioner No.1 applied for
grant of probate to the last testamentary will left by the said testator before this Hon'ble
court ... testamentary and intestate jurisdiction, on 11th February, 1991. The said
proceeding was registered as PLA No.141 of 2012. Probate was granted by the court
ordinary course of intestate succession, save and
except by a valid testamentary disposition strictly in accordance with
the law governing testamentary disposition. We have ... that our law
takes in the matter of execution and proof of testamentary instruments
which have the effect of diverting the estate of the deceased
alleged, failed to dispel such
suspicion and, as such, the learned Testamentary Court ought to
have dismissed the probate suit.
3. Learned counsel next argues ... intended that it should go to some other
4
person. Hence, the Testamentary Court erred in law in granting
probate in respect of such lapsed
late Provat
Kumar Sarkar. The primary premise on which the learned
Testamentary Court dismissed the probate suit was that the date on
which the scribe ... appellant argues that a third case was made
out by the Testamentary Court, beyond the pleadings, arguments or
contentions of either party, also traversing beyond
late Provat
Kumar Sarkar. The primary premise on which the learned
Testamentary Court dismissed the probate suit was that the date on
which the scribe ... appellant argues that a third case was made
out by the Testamentary Court, beyond the pleadings, arguments or
contentions of either party, also traversing beyond
identity of the testator was incidentally in issue in
the testamentary proceedings and, as such, the finding of the probate
court or the revocation court ... civil
suit. Moreover, although the revocation case has been dismissed by
the testamentary court, an appeal is pending before the appropriate
judgment
granting probate primarily on the ground that the issues in the
testamentary suit were framed subsequent to the evidence being led
by both ... Learned counsel also argues that it was recorded by the testamentary
court in Order No.104 dated April 17, 2019 that time was sought
judgment
granting probate primarily on the ground that the issues in the
testamentary suit were framed subsequent to the evidence being led
by both ... Learned counsel also argues that it was recorded by the testamentary
court in Order No.104 dated April 17, 2019 that time was sought
support of the
proposition that a testamentary application, either for probate or
letters of administration, is for the court's permission to perform ... legal duty created by a Will or for recognition as a
testamentary trustee and is a continuous right which can be
exercised any time after
identity of the testator was incidentally in issue in
the testamentary proceedings and, as such, the finding of the probate
court or the revocation court ... civil
suit. Moreover, although the revocation case has been dismissed by
the testamentary court, an appeal is pending before the appropriate
