On 4-3-1988 the plaintiff filed the O. P. No. 197 of 1988 under Ss. 222 and 276 of the Indian Succession Act, 1925 read with O. XXV, Rule 4 of the Original Side Rules. In the said petition, the petitioner sought to prove the writing propounded by her as the last Will and Testament of Dr. A.L. Annamalai, one of the very eminent and leading medical practitioners in Tamil Nadu who passed away on 12-5-1987 at Madras. The prayer in the O.P. is to prove the Will in comon form and for grant of probate to have the effect throughout India. In the petition she has described herself as a Christian and claims to be second wife of the deceased and avers that the estate of the deceased was governed by the Hindu Succession Act. In paragraph No. 7 of the original petition she has stated as follows :-

"7. The estate of deceased was governed by the Hindu Succession Act and the following persons are his heirs :

(1) The petitioner herein who is the second wife is residing at No. 112, Poonamallee High Road, Madras-600 084.

(2) Mrs. Valliammalai Achi Annamalai, first wife is residing at No. 112, Baracah Road, Varadhamma Garden, Kilpauk, Madras-10.

(3) Dr. Mr. Annamalai Alagappan, son is residing at No. 112, Baracah Road, Varadhamma Garden, Kilpauk, Madras-10." *

2. Admittedly, the caveators/ defendants are the wife and son of the deceased Dr. A.L. Annamalai. The writing attributed to Dr. Annamalai as his will reads as under :-

"She has been living with me for over twenty five years and looks after my personal comforts."

3. It further adds," I am bequeathing all my properties to her for her to enjoy them absolutely for ever, in view of my natural love and affection for her and our close personal relationship." *

4. The defendants lodged a Caveat under S. 284 of the Indian Succession Act and O. XXV, R.51 of the Original Side Rules on 11-4-1989 and filed an affidavit in support of the Caveat on the same day. It is stated in the affidavit filed in support of the Caveat that Dr. AL. Annamalai died a Hindu leaving Mrs. Valliammai Achi, his wife, and his son Dr. Annamalai Alagappan as the sole heirs at law and they alone are entitled to his estate and effects as his lawful heirs. He left him surviving no other next of kins or heirs at law. The petitioner who is a Christian claiming to be the second wife of Dr. Annamalai, has filed this O.P. for the grant of probate of a Will propounded by her as the last Will and Testament of Dr. AL. Annamalai whereunder she claims to be the sole legattee of the entire estate and effects of the deceased to the exclusion of the natural and legal heirs and as the sole executrix herself. The defendants, in paragraphs Nos. 4 to 7 have stated thus :-

"4. We deny and dispute the said Will, its due execution and proper attestation. This instrument which totally disinherits both the lawful heirs and gives the entire property of the deceased to a stranger who procured it appears highly suspicious and cannot be the Will and testament of my deceased father. Had he been aware of its terms, he would not have approved of the contents.

5. The petitioner's claim that she is the 2nd wife of my deceased father is a pretence and even the will propounded by her does not disclose such relationship. The petitioner cannot claim to be the lawful wife of my deceased father, since my mother whose status as his wife is admitted is alive. The Will propounded by the petitioner is neither true nor valid.

6. Our relationship as wife and son of the deceased is admitted by the petitioner; we have the necessary right and interest to enter the caveat and this cannot be gainsaid.

7. It is therefore, prayed that the caveat lodged by us be entertained and the O.P.

registered as a suit." *

Abdul Hadi, J. directed the O.P. to be converted into T.O.S. in view of the contest by the defendants. Learned Judge passed the following order on 12-4-1989 :-

"In view of the Caveat filed along with supporting affidavit this O.P. is converted into T.O.S." *

Thereupon, the p