Judgment

K. JAYACHANDRA REDDY, J.:- We have heard both the sides and the matter is being disposed of at the admission stage.

2. This petition is directed against the order of a learned single Judge of the Madras High Court confirming the order passed by Re the Subordinate Judge; Nilgirls. The matter arises under the Indian Succession Act, 1925 (Act for short) and the facts that gave rise to the petition are as follows:

3. The testatrix Mary Aline Browne was the wife of Herbet Evander Browne who was the eldest son of one John Browne. The testatrix had a daughter of the name of Zoe Enid Browne and she died on 8-10-1977. The respondent claiming to be the beneficiary to, the estate of Mary Aline Browne who died on 28-3-1972 under the terms of a Will said to have been executed by her on 12-3-1962 filed an application for letters of Administration with a copy of the Will annexed in the Sub Court, Nilgiris. The same is numbered as O.P. No. 23 of 1980. Along with the application the respondent also filed an affidavit of an attestor of the Will. In that proceedings, the petitioner and her deceased husband lodged a caveat on the ground that the said Mary Aline Browne did not execute any will an