Though the trial Court dismissed the application on merits holding that the will was number genuine and also on the ground of number joinder of the necessary parties, in appeal, the High Court vacated the findings of the District Judge on the first point and upheld that the petition was number maintainable for number joinder of necessary parties.
2 of 1990.
547 of 1994.
On revision, it was affirmed by the High Court.
The appellant had objected to the grant of letters of administration disputing the validity and genuineness of the will and also for failure to implead necessary and proper parties therein.
Respondent No.
1 and 2 filed A.O.P. No.
One V.S. Annama, sister of the appellant was alleged to have executed a will on September 15, 1976, and said to have bequeathed her properties to respondent Nos.1 and 2.
Respondents thereafter filed another application being L.A.O.P. No.149 of 1988 for grant of letters of administration which, on caveat being entered, was companyverted into a suit, namely, S. No.
Consequently, it dismissed the appeal.
The appellant sought to rely on the deposition of Kurian and he sought to bring on record that evidence under Section 33 of the Indian Evidence Act for short, the Act , the reception of which was objected to by respondent Nos.
1 and 2 and was upheld by the trial Judge.
This appeal by special leave is filed against the order dated November 16, 1994 of the Division Bench of the Kerala High Court in CRP No.
143 of 1980 in the District Court, Ernakulam under Section 276 of the Indian Succession Act, 1925 for grant of letters of administration in respect of the estate of deceased Annamma and annexed the companyy of the will thereto.
On sudden demise of Annamma, respondent Nos.
1 is the sister and the second respondent is the son of the first respondent.
RAMASWAMY, J. Special leave granted.
The appellant is one of her brothers.
One of the testators, by name Kurian, was examined as P.W.1.
Hence this appeal pursuant to leave granted by us.
