R. Rajendra Babu, J.

1. The third defendant in O.S.No.9/88 on the file of the District Court, Ernakulam is the appellant. The petition filed by the 1st respondent for the issue of Letters of Administration was converted into a suit O.S.No.9/88. The court below decreed the suit. Aggrieved by the above judgment and decree, the third defendant preferred this appeal.

2. The allegations in the plaint are the following: -Chacko, father of the plaintiff died on 8-1-1977. He had executed a will on 31-10-75 and got it registered and the plaintiff was one of the legatees under the will. The first defendant was the wife of deceased Chacko and plaintiff and other defendants were the children. Ext. A1 will produced before the court was the last testament of the deceased and no executor was appointed in the will. Hence plaintiff, being one of the legatees, applied for the issue of Letters of Administration.

3. Defendants 1, 4 and 6 to 9 appeared through counsel, but did not file any written statement. The third defendant alone contested the matter by filing a written statement. Third defendant contended that the will had come into existence due to the undue influence of the plaintiff who wa