Bhat,J.

1. The case relates to the estate of Annamma who died on 22-10-1986. Appellant is a relation of her pre-deceased husband; so also the respondents. Appellant filed a petition before the District Court, Kottayam for grant of probate of the Will allegedly executed by Annamma in regard to her estate. In the petition, the present respondents were shown as respondents and co-legatees with the appellant under the Will. It appears they had also entered caveat before the court. The court issued notice to them. They appeared and filed written statement stating that they are in undisputed possession of property and the petitioner has no right to manage the properties and also denying the genuiness of the Will and the testamentary capacity of the testator. When the case came up for consideration thereafter, it was submitted on behalf of the respondents that since the probate proceeding is a contentious one and it should be converted into a suit. This request was opposed by the petitioner-appellant, but allowed by the court below. Hence the appeal.

2. Learned counsel for the appellant would contend that the substantial contention of the respondents is that they have been in un