P.K. Balasubramanyan, J.

An application for probate under S.276 of the Indian Succession Act was filed before the High Court. The application was filed in the High Court in view of Sections 273, 276 and 300 of the Act on the ground that the portion of the assets likely to come into the hands of the petitioner situate outside the State exceeded Rs. 10000. The application for probate was opposed and hence was treated as a contentious proceeding in terms of S.295 read with R.26 of the Rules framed by the High Court of Kerala. The petition filed was numbered as a suit. The suit was tried and disposed of by a learned Single Judge of this Court exercising original jurisdiction. The learned single judge after trial held that the due and valid execution of the will propounded by the plaintiff has not been established. The learned single judge thus dismissed the suit.

Feeling aggrieved by the dismissal, the plaintiff filed this appeal under S.5 of the High Court Act. According to the appellant, the judgment rendered by the learned single judge in exercise of his original jurisdiction falls within S.5(i) of the High Court Act and was appealable. In the light of the decision rendere