JUDGMENT

Arif S. Doctor, J. - The challenge in the present Appeal is to an order dated 25th October, 2016 by which the caption Testamentary Suit filed by the Appellant seeking letters of administration of a Will dated 18th March, 1991 ('the said Will') stated to be the last will and testament of one Girdharilal Chellaram Matai (' the Testator'} came to be dismissed.

2. Before adverting to the rival contentions, it is useful to set out the following facts viz.

i. The Testator passed away on 21st April 1991 leaving behind him, three wives, namely Ishwaribai, Savitribai and Lata and eight children from his three wives, i.e. five children from his first wife and three children from his second wife. Respondents are the son and daughter of the Testator from his second wife.

ii. On 13th July, 2006 Respondent No. 1 propounding a Will stated to be of the Testator dated 30th December, 1984 filed Testamentary Petition No. 556 of 2006 seeking letters of administration in respect of that Will. The Testamentary Petition was opposed by the Appellant who is the executor of her Will. It was thus that the said Testamentary Petition was converted into Testamentary Suit No. 52 of 2006.

iii. The Appellant t