S V RAMAKRISHNAN Vs. P R SETHURAMAN

JUDGEMENT

(1.) THIS application is filed by the applicant, who was the fourth respondent in the main O.P. It was this applicant who took out an application in A.No.1315 of 2006 before this court to a citation to the respondent to bring the Will left by the testatrix to this Court. He claimed knowledge about the Will when there was a partition suit was heard by the City Civil Court filed by the first respondent in the O.P. The main O.P. was filed by the first respondent P.R.Sethuraman under Sections 222 and 276 of the Indian Succession Act, 1925. The O.P. was filed for the purpose of obtaining a probate in terms of the last Will and Testament left by Late Dr.S.V.Rajalakshmi, who is the sister of the applicant.

(2.) WHEN the O.P.No.875 of 2006 was filed before this court, apart from the applicant, there were three other respondents. They were all duly served. Insofar as the applicant is concerned, he was the fourth respondent in the O.P. and he was duly served and had entered his appearance through counsel M/s.K.V.Rajan and K.Suresh Kumar. After summons were issued, the applicant also filed an affidavit, dated 20.2.2006 in A.No.1315 of 2006 stating no objection to the first respondent to bring the Will of Testatrix. This Court, by an order, dated 6.3.2008, directed the learned Master to record evidence. Accordingly, the learned Master of this Court recorded evidence of P.W.1 (P.R.Sethuraman, the first respondent herein) and P.W.2 (N.Gunaseelan), the attesting witness on 12.3.2008 and Exhibits P.1 to P.5 were marked through them. Then, the matter came to be posted before this court and this court, by an order, dated 17.3.2008, granted probate.

(3.) ON the question of delay in filing the application it was stated that since the applicant had to make enquiries on this issue, there was a delay in filing. ON notice from this court, the first respondent has filed a detailed counter affidavit along with a typed set of papers. In the counter affidavit filed by the first respondent, it is stated that the applicant was throughout present in the proceedings and had never raised such objections and it was an after thought. It was also stated that the testatrix was a Doctor by profession and she has made a conscious decision in writing the Will on 21.1.1994. It was also registered with the Registrar's Office. In that Will, it can be found that she had made a conscious decision to exclude the applicant as well as Mrs.P.R.Narayani (3rd respondent in the OP). In paragraph 3 of the Will, it was found as follows: