1. The respondent filed a petition, under S.371 and 372 of the Indian Succession Act, praying for the issue of a succession certificate in respect of the assets of his deceased brother Parameswaran Pillai on the ground that he was the only legal representative of the deceased. The revision petitioner, who is the son of a sister of the deceased, filed a caveat and also filed I.A. No. 735 of 1984 in which he contended that the respondent is not the sole legal representative and also praying that major portion of the amount for which the succession certificate is sought for belongs to the tarwad. Consequently, he claimed that the proceedings have become contentious in nature and therefore the proceedings are to be converted into a suit. The respondent opposed that application. The lower court dismissed LA. No. 735 of 1984. This CRP. is directed against the said order.

2. R.4 of the Rules under the Indian Succession Act, 1925 made by the High Court of Kerala provides that non-contentious proceedings shall include proceedings for obtaining probate and letters of administration where there is no contest as to the right there to. R.22 provides for filing a caveat and as per R.2