C. JAICHANDER Vs. E. RAJALAKSHMI

JUDGEMENT

(1.) This application is filed to reject the testamentary suit transferring O.P.No.6 of 2013.;

(2.) The brief facts leading to filing of this application is as follows :

(3.) The respondent though have knowledge of the alleged Will as early as in the year 1996, she has not chosen to approach this Court to obtain Letters of Administration. No notices were also executed to executors or Ashok Menon to act in terms or to produce the original Will before this Court. The respondent has knowingly abandoned or waived her right against the Will and kept quite for more than 13 years. She has colluded with the alleged executrix and with Ashok Menon to create a proceedings as though the original Will is not traceable. Consequently she has already filed an application in A.No.3834 of 2013 to lead secondary evidence and the same is pending consideration. The respondent has taken several applications one after another as though she is trying to take steps to produce the original Will in this Court. Hence, it is the contention of the applicant that the alleged original Will is not in existence at all and it is absolutely a fraudulent document. Therefore, the contention of the applicant is that the present proceedings for Letters of Administration is liable to be rejected without any further enquiry. Hence, application filed to dismiss the Testamentary suit as barred by limitation and on the ground of waiver and abandonment on the part of the respondent.