RAMAPRASADA RAO, J. :- This appeal is directed against the order of N. S. Ramaswami, J. in Application No. 329 of 1972 in T. O. S. No. 2 of 1957. The facts leading to the subject-matter may be succinctly stated thus:

2. One Thangavelu Mudaliar died leaving behind him a will duly executed by him in proper form. He died in Aug. 1956, leaving behind him his daughter Krishnaveni Animal, Krishnaveni Ammal had two children -Sadanandam, a son, and Saraswathi Ammal a daughter. It is common ground that Sadanandam was named as the executor under the will and he sought for probate in the usual course and in the common form. Originally the proceedings came up before Ganapatia Pillai, J. who, after having been satisfied that a grant could be made in the common form, was about to issue it, when he was interdicted by caveat proceedings. Krishnaveni Animal filed a caveat as an interested person, and thereafter the proceedings were converted into a suit, T. O. S. No. 2 of 1957. On a verification of the record, we find that in the course of the proceedings two witnesses were examined. P.W. 1 was Sadanandam, the propounder of the will, and P.W. 2 was Swaminatha Achari, one of the attestors to