Calcutta High Court
Shyam Narayan Shaw (Dec.) vs Raj Narayan Shaw on 25 September, 2025
Author: Arijit Banerjee
Bench: Arijit Banerjee
1
OD-2
ORDER SHEET
APOT/191/2025
With
PLA/147/2023
IA NO: GA/2/2025
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
IN THE GOODS OF:
SHYAM NARAYAN SHAW (DEC.)
AND
RAJ NARAYAN SHAW
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
AND
The Hon'ble JUSTICE OM NARAYAN RAI
Date : September 25, 2025.
Appearance:
Mr. Debdut Mukherjee, Adv.
Mr. Debanjan Mandal, Adv.
Mr. Tapan Sil, Adv.
Mr. Ayan Dutta, Adv.
Mr. A. Bhar, Adv.
..for the appellant
Dictated by Arijit Banerjee, J.
1. An order dated March 10, 2025, passed by a learned Judge of this Court in
PLA 147/2023, is under challenge in this appeal. The impugned order reads as
follows:-
"The Court: - Since it appears from the schedule of assets filed in this
proceedings that there is one immovable property situate at Azamgarh,
Uttar Pradesh, the petitioner has to take steps for complying with the
provision of Section 283(3) of the Indian Succession Act, 1925 as the
said provision has been held by this Court to be mandatory in the
judgment and order dated 16th January, 2025 delivered in PLA No. 115
of 2023 (in the Goods of Prabir Chandra Sen, since deceased)."
2. One Shyam Narayan Shaw passed away on September 26, 2022, as would
appear from a copy of the death certificate issued by the Municipal Corporation,
Government of West Bengal. He left behind a will dated March 4, 2022, which the
appellant says is the last will and testament of the deceased.
3. The deceased left behind as is only legal heirs, his wife Subhadra Devi Shaw,
his daughterSushma Jaiswal and his son being the present appellant. We see from
the will of the deceased that is sought to be probated that the deceased left behind
properties both within and outside the territorial jurisdiction of the City Civil Court
at Kolkata which is co-extensive with the ordinary original civil jurisdiction of this
Court. Hence, this Court would have jurisdiction to entertain an application for
probate of the said will.
4. The appellant applied for probate of the said will. On such application the
impugned order was passed.
5. By our judgment and order dated September 22, 2025 we set aside the
learned Single Judge's order dated January 16, 2025, passed in PLA no. 115 of
2023 (In the goods of:Prabir Chandra Sen, Deceased).
6. We find that the facts of this case and the facts of In the goods of:Prabir
Chandra Sen, since Deceasedare very similar. In the other case, all the heirs in
intestacy had affirmed affidavits consenting to grant of probate in favour of the
executor of the will. In the present case also, the wife and daughter of the deceased
who are two out of three heirs in intestacy (the appellant being the third one) have
affirmed consent affidavits in support of grant of probate to the appellant, who is
the named executor. Hence citation has not been issued as the same is
unnecessary going by the relevant provisions of the Original Side Rules of this
Court as discussed in detail in our judgment and order dated September 22, 2025
passed in appeal no. APOT/139/2025. Hence, the question of the
appellant/petitioner complying with the provision of Section 283(3) of the Indian
Succession Act, 1925 does not arise.
7. The judgment and order in appeal no. APOT/139/2025 shall govern this
case also. Consequently, the order under appeal is set aside. The learned Single
Judge is requested to decide the appellant's probate application in the light of the
observations and findings in our judgment and order dated September 22, 2025
passed in appeal no. APOT/139/2025.
8. The appeal and connected application are disposed of accordingly . There
will be no order as to costs.
9. Urgent Photostat certified copies of this order, if applied for, be supplied to
the parties on compliance of all necessary formalities.
(ARIJIT BANERJEE, J.)
(OM NARAYAN RAI, J.)
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