1. This appeal is directed against the judgment dated 14th December, 1993 passed by the learned Civil Judge Senior Division, Thane allowing the suit filed by the respondent no. 1 for letters of administration with the will annexed of the deceased Mr. Joseph Lorence Lopis (hereinafter referred to as the said deceased).

Some of the relevant facts for the purpose of deciding this appeal are as under:

2. The respondent no. 1 was the original plaintiff. The appellants were the original defendant nos 1, 3 and 4 respectively. Respondent no. 2 herein was original defendant no. 2. Respondent no. 3 herein was the original defendant no. 5. During the pendency of the appeal the original appellant no. 3 expired. By an amendment permitted by this court by order dated 18th November, 2008, his legal heirs are brought on record. Original Appellants and the respondent no. 1 and 2 were the sons of the said deceased. Mr. Joseph Lorence Lopis. Respondent no. 3 is the daughter of the said deceased. It is the case of the respondent no. 1 that the said deceased had executed a will on 23rd June, 1983. The said deceased and the parties to this proceedings are governed by the provisions of Indian