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1997 Supreme(Ker) 129

K.K.USHA, G.SIVARAJAN
Chacko – Appellant
Versus
Elizabeth John – Respondent


Judgment :-

1. Plaintiff in OS 7/85 before the District Court, Kottayam is the appellant. On his death pending the appeal, his legal heirs are impleaded as additional plaintiffs 2 to 4. Respondents 1 to 5 were defendants in the suit. Pending appeal, respondents 1, 3 and 4 died. Their legal heirs were impleaded as respondents 12 to 13, o to 8 and 9 to 11 respectively. Plaintiff, P. C. Chacko originally filed OP 214/84 under S.27o of the Indian Succession Act for issue of probate of the Will of his deceased mother Saramma Chacko. Counter-petitioners 1 to 5 were the other children of late Saramma Chacko. Respondents 1, 2 remained ex parte. Respondents 3 and 4 appeared and contested the petition. Therefore, the petition was converted as a suit and numbered as OS 7/85.

2. Late Saramma Chacko died on 3.3.1978 at the house of the 3rd defendant. Plaintiff and defendants are her sole legal heirs. It was contended by the plaintiff that late Saramma Chacko executed her last will which was accepted by her in the presence of witnesses before the District Registrar's office, Kottayam on 23.7.19oo. The Will was kept under safe custody of District Registrar's Office, Kottayam. On the application by





























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