Shiladitya Chatterjee vs Nilotpal Ganguli on 4 August, 2025

Calcutta High Court

Shiladitya Chatterjee vs Nilotpal Ganguli on 4 August, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

O-90

                                  ORDER SHEET

                     IN THE HIGH COURT AT CALCUTTA
                TESTAMENTARY AND INTESTATE JURISDICTION

                                IA No. GA/2/2025
                                        In
                                TS No. 25 of 2023

                             IN THE GOODS OF:
                     DR. BASUDEV BANERJEE, DECEASED
                                    AND
                          SHILADITYA CHATTERJEE
                                  VERSUS
                             NILOTPAL GANGULI

BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 4th August, 2025
Appearance:

Mr. Altamash Alim, Adv.

Mr. P.P. Mukhopadhyay, Adv.

Mr. Sudipta Mandal, Adv.

For the plaintiff/petitioner.

Mr. Sarosij Dasgupta, Adv.

Mr. Lutful Haque, Adv.

Ms. T. Khatun, Adv.

For the Applicant in TS No. 25 of 2023.

The Court:- Affidavit-in-reply filed in Court today is taken on record.

This is an application made by Bijay Jha who claims to be the executor

under a Will said to have been left behind by Dr. Basudev Banerjee, the

deceased on 10th March, 2021. The applicant has also filed an application for

grant of probate of the said Will by filing an application being PLA No. No. 401

of 2021. The applicant says that there appears to be two further alleged Wills

said to have been left behind by the above named deceased.

One of the said Wills is dated 17th April, 2018. The application for grant
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of probate for which has been numbered as PLA No. 356 of 2022. This

application has now been declared as contentious cause and has been

numbered as Testamentary Suit (TS) No. 25 of 2023. The other Will said to

have been left behind by the above named deceased is dated 11 th September,

2016. An application for grant of probate of the said Will dated 11 th September,

2016 has been made which has been numbered as PLA No. 404 of 2022. The

said application has also become contentious and is now numbered as TS No.

25 of 2023.

The applicant says that being an executor to a Will left behind by the

above named deceased, the applicant has a caveatable interest since the

applicant is entitled to have the other Wills claimed to have been left behind by

the deceased to be proved in his presence.

In 2017(14) SCC 285 (Saroj Agarwalla vs. Yasheel Jain) the Hon’ble

Supreme Court has held that where claim as to grant of probate prejudices any

persons right by virtue of defecting some other line of succession in terms

whereof the said person as a caveator assets his/her right gives a caveatable

interest with respect to that probate. The probate to any of the other two wills

referred to hereinabove will prejudice the right by virtue of … the line of

succession claimed in T.S. 25 of 2023. The executor, therefor, has a caveatable

interest. This judgment has approved the view taken by the Hon’ble Supreme

Court in 2008 (4) SCC 300 (Krishna Kumar Birla v. Rajendra Singh Lodha).

In the aforesaid facts and circumstances, the applicant has a caveatabele

interest and is permitted to file a caveat in respect of grant of probate of the

Will dated 17th April, 2018 which is the subject matter of PLA No. 356 of 2022
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presently numbered as TS No. 25 of 2023 by 12 th August, 2025. Affidavit in

support of caveat shall be filed by 22 nd August, 2025.

Nothing further remains to be adjudicated in this application.

The application is, accordingly, disposed of.

(ARINDAM MUKHERJEE, J.)

snn.