( 1 ) THE present appeal is directed against the Judgment of the learned District Judge in O. S. No. 23 of 1954 by which he granted a decree for probate in favour of the respondent.

( 2 ) THE suit was originally instituted by one Basavalingappa on 20-8-1953 praying for the issue of a probate in his favour on the ground that one Channamma had executed a will on 20-9-1950 appointing him as an executor thereunder. Before notice of this petition could be served on the respondent Komalamma who is admittedly the daughter of the pre-decessed son of Chennamma, basavalingappa himself died on 16-12-1953 and his grandson Somasekharappa filed an application for being substituted as the legal representative of the deceased. That application was granted. After service of notice in due course, Komalamma filed her statement of objection and she contended that the petitioner Somasekharappa by himself had no right to continue the proceedings as there were other legal representatives of deceased Basavalingappa, the original petitioner, that the alleged will had been taken from Channamma when she was not in a disposing state of mind, and that the testatrix had no right to execute the