P. Sathasivam, J.

The above original side appeal has been filed against the order of the learned single Judge dated 19.11.1999 made in Application No.3066 of 1999 in O.P.No.623 of 1997, in and by which, the learned Judge dismissed the said application filed for revocation of the probate granted in favour of the respondent herein in O.P.No.623 of 1997 dated 02.09.1997.

2. For convenience, we shall refer the parties as arrayed before the learned single Judge.

3. The brief facts which are required for the disposal of the appeal are stated hereunder:

The applicant, who is a third party to the proceedings in O.P.No.623 of 1997 has filed Application No.3066 of 1999 under Order XIV Rule 8 of Original Side Rules read with Section 263 of the Indian Succession Act, 1925 and Order XXV Rule 62 of the Original Side Rules. The respondent herein filed the said O.P.No.623 of 1997, for probate of the Will said to have been executed by late Dr.O.Francis on 26.06.1997. The testator of the Will died on 01.07.1997. During the lifetime of Dr.O. Francis, he entered into an agreement of sale dated 30.05.1992 in respect of the property situate at No.9, Hunters Lane, Vepery, Madras 7, agreeing to co