N.V.BALASUBRAMANIAN, J.

The two appeals are directed against the common judgment rendered by the Second Additional Subordinate Judge, Erode in O.S.No.930 of 1980 and O.S.No.10 of 1986 dated 2.5.1986. A common question that arises in both the appeals is regarding the validity and genuineness of the will dated 28.9.1979 executed by one Muthusami Pillai. Muthusami Pillai had also executed a will dated 15.3.1972 and if the will dated 28.9.1979 is found to be genuine, the rights of the parties would be governed by the terms contained in the later will, and if the will dated 28.9.1979 is found to be not genuine, then the question will arise whether the rights of the parties would be governed by the will dated 15.3.1972. The plaintiffs in O.S.No.930 of 1980 and the defendants in that suit are also parties in the suit in O.S.No.10 of 1986 apart from certain other parties. In the trial Court, both the suits were tried together and the evidence was recorded in O.S.No.930 of 1980.

2. A.S.No.1177 of 1986 is filed against the judgment and decree in O.S.No.930 of 1980 and Tr.A.S.No.121 of 2000 is filed against the judgment and decree in O.S.No.10 of 1986. O.S.No.930 of 1980 is a suit