Full Judgment
GA No.807 of 2012 PLA No.211 of 2006 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION ORIGINAL SIDE In the goods of: Dr.
Sr.Pulin Behari Mondal (Deceased) And Ranjit Kumar Roy Versus Smt.
Sandhya Mandal @ Sandhya Rani Mandal Before: The Hon’ble Justice I.P.MUKERJ.Date:
26. h July 2012 Appearance: Mr.Amidava Das, Advocate Md.Ibrahim, Advocate Mr.Somraj dhar, Advocate Mr.Bipin Ghosh, Advocate for the petitioner Mr.Debasish Purkait, Advocate Mr.Anirban Pramanik, Advocate Ms.Rita Sinha, Advocate for the respondent The application for grant of probate (PLA No.211 of 2006) was filed inter alia on the footing that the testator has three natural heiRs.namely, one brother Bijon Kumar Mondal and two sisters Smt.
Kusum Halder and Smt.
Sabita Sardar.
It appears that Smt.
Sabita Sardar had filed an affidavit in support of her caveat.
From this affidavit it becomes evident that the testator had two other sisters Smt.
Susma Mondala and Smt.
Gitarani Mondal.
These two sisters were not mentioned as the natural heirs in the application for grant of probate.
Both are not dead.
Therefore, the petitioner seeks an order that the heirs of the deceased sisters as mentioned in Annexure A of Smt.
Sabita Sardar’s affidavit in support of the caveat be cited.
In that view of the matter I direct the Advocate-on-Record of Smt.
Sabita Sardar to furnish within ten days from date the full particulars of the above heirs of Smt.
Susma Mondal and Gitarani Mondal to the Advocate-on-Record for the executor.
On that basis the executor will amend the necessary paragraph or paragraphs of the application for grant of probate within one month from date.
Thereafter special citation be served on all these added heirs in accordance with law.
This application is accordingly disposed of.
Liberty is given to apply for implementation of this order.
All parties are to act on a signed photocopy of this order on the usual undertakings.
(I.P.MUKERJI, J.) R.
Bose AR(CR)