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1977 Supreme(Mad) 433

T.RAMAPRASADA RAO, S.RATNAVEL PANDIAN
G. Shanmugham Chetty and another – Appellant
Versus
Chinnammal – Respondent


Advocates:
S. Govind Swaminathan for M. Ramachandran, for Appellants.
V. M. Lenin, for Respondent.

Ramaprasada Rao, J.-This is an appeal against the judgment of Mohan, J., who on an application filed by the respondent in this appeal revoked the probate granted in favour of the appellant by Paul, J. This order is dated 14th February, 1974 where under he granted letters of administration to the will of one Alagiriswami Chetty. The respondent applicant has briefly stated in the affidavit in support of the Judge’s summons for revocation as follows:-

2. She was admittedly a person to whom notice was ordered before the grant was made. But according to the respondent such a notice which was served on her on 12th January, 1974 was not accompanied by the copy of the petition filed for the grant and that no publication was made about the date of hearing of the testamentary proceedings and that she sought for inspection of the records as per order of the Master of this Court dated 19th March, 1974 and it was only thereafter she entered caveat. But as by then the letters of administration was ordered on 14th February, 1974, the respondent’s allegation is that the grant was obtained on; false and fraudulent misrepresentation. She concedes that she has questioned the legality of the will in ea




























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