REGENT COMPUTRONICS PVT. LTD.

G.WILSON Appellant

V/S

STELLA MARY JOY Respondents

Referred Judgements :-

NOOR MOHAMMAD AND ANOTHER V. MOHAMMAD KAREEM AND ANOTHER [REFERRED TO]
GUDAVARAPUR SESHAMMA V. KORNEPATI VENKATA NARASIMHA RAO AND OTHERS [REFERRED TO]
FLORENCE CHELLIAH V. SOUNDARARAJ PETER AND OTHERS [REFERRED TO]
PHILO PETER AND ANOTHER V. DIVYANAIHAN AND OTHERS [REFERRED TO]
NOOR MOHAMMED AND ANOTHER V. MOHAMMAD KAREEM AND ANOTHER [REFERRED TO]
INDER CHAND NAYYAR V. SARVADESHIK ARYA PRATINIDHI SABHA AND ANOTHER [REFERRED TO]
MAHADEOLAL KANODIA VS. ADMINISTRATOR GENERAL OF WEST BENGAL [REFERRED TO]
JAI KAUR VS. SHER SINGH [REFERRED TO]
RAM JIVAN VS. PHOOLA [REFERRED TO]
DIWAN BROS VS. CENTRAL BANK OF INDIA BOMBAY [REFERRED TO]
AYYASWAMI GOUNDER VS. MUNNUSWAMY GOUNDER [REFERRED TO]
PANZY FERNANDAS VS. M F QUEOROS [REFERRED TO]
PUINBASI MAJHIANI VS. SHIBA BHUE [REFERRED TO]
R RAMA SUBBARAYALU REDDIAR VS. RENGAMMAL [REFERRED TO]
R RAMA SUBBARAYALU REDDIAR VS. RENGAMMAL [REFERRED TO]
PHILO PETER VS. DIVYANATHAN [REFERRED TO]
V M SKARIA VS. K T GEORGE [REFERRED TO]
HANSRAJ GUPTA VS. DEHRA DUN-MUSSOORIE ELECTRIC TRAMWAY CO LTD [REFERRED TO]
SOUNDARARAJA PETER VS. FLORANCE CHELLAIH [REFERRED TO]

JUDGEMENT

(1.) THIS civil miscellaneous appeal has been filed against the grant of probate by the District Court, Kanyakumari in O.P.No.82 of 1989 filed by the first respondent herein.

(2.) A preliminary objection was raised as regards the maintainability of the civil miscellaneous appeal. The learned counsel referred to a number of decisions in support of his contention that only a civil miscellaneous appeal would lie and they are:

(3.) THIS was overruled by the Bench in the case of Philo Peter and another v. Divyanathan and others Philo Peter and another v. Divyanathan and others Philo Peter and another v. Divyanathan and others A.I.R. 1989 Mad. 111. The Bench ultimately held with regard to the decision in the case of Flarence Chelliah v. Soundararaj Peter and others Flarence Chelliah v. Soundararaj Peter and others Flarence Chelliah v. Soundararaj Peter and others (1966)2 MLJ. 33 as follows:

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G WILSON Vs. STELLA MARY JOY

Referred Judgements :-

JUDGEMENT

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