K JAYARAMAN Vs. K RAJAGOPALAN

JUDGEMENT

(1.) ORDER XXV Rule 4 of the Original Side Rules of this Court provides thus: Application for probate shall be made by a petition with the will annexed, accompanied, if the will is not in English by an official translation thereof in English; such application shall be in form No.55 or as near thereto as the circumstances of the case may permit and shall be accompanied by: (a) (b) (c) (d) It is not necessary to refer to other parts of the Rules for the purpose of this case.

(2.) FORM No.55 is the form of the application for the probate of the will in the. Paragraph 7 of the form reads thus:

(3.) IN the proceedings relating to that application the evidence of Jayaraman and Ramamurthy who were examined for the respondents in the application to revoke the probate was recorded. Their testimony was tendered for showing that Rajagopal though not a party to the probate application, had knowledge of the will and the probate proceedings. Ramamurthy, however, did not say that he had informed Rajagopal about the will. On the other hand he too filed an affidavit supporting Rajagopalan and sought revocation of the probate. Thereafter, the respondent in the revocation application wanted to examine one of the attestors of the will.