JUDGMENT :- Sajathi Bi, wife of Anwar Basha, the appellant herein is the 5th defendant in the suit filed by the 2nd respondent A. S. Noordeen.

2. The plaintiff/2nd respondent filed a suit in O.S. No. 16 of 1986 for declaration that he was entitled to 10/48 shares in the amounts deposited by Khader Mohideen, the brother of the plaintiff, after his death and for other reliefs contending that the Will executed by the deceased Khader Mohideen in favour of Fathima Bi, another sister, was not true and valid.

3. Though there are five defendants including the 1st respondent Fathima Bi, by the propounder of the Will, 1st defendant-mother, defendants 2 and 3 brothers and 5th defendant-sister, the appellant herein remained ex parte.

4. The suit was contested by Fathima Bi, the 4th defendant alone contending that she had become entitled to the entire amount deposited by the deceased Khader Mohideen in the Bank under the said Will, as the same was true, valid and effective. Ultimately, the suit was dismissed holding that the Will is not valid, though the Will has been properly proved and as such, the plaintiff Noordeen would be entitled to 10/48 shares.

5. Aggrieved by the said judgment and decree,

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