The question involved in this appeal is whether the suit brought by the appellant for a declaration of the validity and genuineness of a will is hit by either S.213 of the Indian Succession Act. or the proviso to S.34 of the Specific Relief Act, 1963.

2. The facts of the case are as follows : Deceased Yovan Samuel was the brother of the plaintiff-appellant. He is stated to have executed Ext. P2, a will dated 23-6-1958, registered as Will No. 9 of 1958. Yovan Samuel died on 31-5-1959 about a year after the execution of Ext. P2 will. The appellant was granted probate by the District Court, Trivandrum in Probate Case No. 2 of 1960. No notice had been given to the defendant-respondent who is admittedly a nephew of the deceased being the son of a deceased brother. On a caveat being presented by the defendant, the probate was revoked with liberty to initiate fresh proceedings. The plaintiff did not file any fresh application for probate but instituted a suit for a declaration that Ext. P2 will is a validity executed document and that Ext. D17, will D/- 20-12-1957 set up by the defendant is invalid. The suit was contested by the defendant who contended that Ext. P2 will was br