D S SRIRAMAIAH SETTY Vs. D KANTHAMMA

JUDGEMENT

(1.) This appeal under S.299 of the Indian Succession Act, 1923, (hereinafter called the Act) arises out of proceedings for grant of letters of administration with the will annexed.

(2.) The appellant herein filed an application under S.276 of the Act, for grant of letters of administration with the will annexed, to the estate of one Rangamma who is sated to have died on 26-12-1967 in Siddlagatta town. He claimed to be the sole legatee under the Will alleged to have been executed by Rangamma on 13-3-1966. The respondent herein lodged a caveat under S.284 of the Act, together with an affidavit in which she explained her relationship with the testatrix, Rangamma.

(3.) The appellant made an application purporting to be under Or.5, R.6 read with Ss.141 and 151 CPC., calling upon the caveatrix to disclose specifically the nature of the interest she claims in the estate of the testatrix, Rangamma, so that he (the appellant) might file his objections to the caveat. The caveatrix filed her objections stating that she had not been served with a copy of the application made by the appellant under S.276, that the nature of her interest in, and title to the estate of the testatrix could be stated only after seeing the copy of that application, and that the application calling for particulars was premature. After hearing arguments, the learned District Judge at Kolar, ordered that the caveatrix be made the respondent in the case. Feeling aggrieved by the order of the learned District Judge, the petitioner before the learned District Judge, has come up in this appeal.