JUDGMENT :

Harish Tandon, J.:

1. Initially, the order impugned in the instant appeal appears to us in tune with the spirit of the order passed by the Division Bench on 17th November, 2022 while disposing of APOT 159 of 2021 but the course adopted by the Single Bench in admitting various documents disclosed in the written notes of argument to be admitted in evidence, we invited the counsel to address the aforesaid point.

2. Undisputedly, a suit for specific performance of an agreement in relation to the immovable property being CS 576 of 1990 was filed before this Court by the predecessor of the appellant. The said agreement was entered into between the predecessor-in-interest of the present appellant and Mrs. Helen Wilson who was admittedly a foreign national. The said foreign national during a lifetime made and published a last Will and Testament appointing the respondent no.3 as executor therein to carry out the last wish and desire indicated therein. The original plaintiff died during the pendency of the said suit and the appellant have been substituted in his place and instead. A plea was taken by the executor to the said Will that this said testatrix being a foreign national did