DEVINDER GUPTA, C. J.

( 1 ) THIS letters Patent Appeal is by the plaintiffs. Before the District Judge, Chittoor and before the learned Single Judge, they have remained unsuccessful in getting an order of Probate or Letters of Administration with will dated 29. 3. 1968 annexed to enable Plaintiff No. l to realise the assets of deceased Smt. B. Akkayamma, the testator.

( 2 ) FACTS in brief are that O. P. No. 102 of 1970 was filed on the file of District judge, Chittoor for grant of a Probate by the plaintiffs. Respondent-Defendant No. l was not impleaded as a party initially. Subsequently, by way of amendment, prayer was amended to include therein, an alternative prayer to grant Letters of administration. Respondent No. l had by that time also lodged a caveat opposing grant of probate. The plaintiffs and Defendant No. l had led their respective evidence. After hearing arguments, on 2. 7. 1975, District judge disposed of the O. P. holding that the will propounded by Plaintiff No. l was true, valid and binding, but, directed that the o. P. be converted into a regular suit, in view of provisions of Section 295 of Indian succession Act since it had become a contested case with further d

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