KAMALA MENON COCHRAN Vs. K P RAMACHANDRA MENON

JUDGEMENT

(1.) THE Original Side Appeal is filed against the judgment and decree of a learned single Judge of this Court dated 23.01.2001 made in T.O.S No.16 of 1994.

(2.) O.P.No.343 of 1992 was filed under Sections 222, 237 and 276 of the Indian Succession Act, XXXIX of 1925 for issuance of the Probate in favour of the plaintiff - Mrs. Kamala Menon Cochran in respect of the Will of the deceased K.P.Janaki Amma executed and registered on 11.01.1982 and later it was converted as T.O.S.No.16 of 1994 as one of the brothers of the plaintiff K.P.Rajagopala Menon filed caveat and disputed the Will. Subsequently, the other brothers were joined as parties.

(3.) THE second defendant Ramachandra Menon filed written statement on 24.12.1997 verbatim reproducing the averments contained in the written statement of the first defendant, but, filed additional written statement on 05.06.1999 wherein he denied the execution of the Will by the testatrix, with full knowledge, free volition and in good state of health and further contended that the signature contained in the Will is not that of the testatrix, but forged one.