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1977 Supreme(Mad) 432

RAMAPRASADA RAO, RATNAVEL PANDIAN
G. Shanmugham Chetti – Appellant
Versus
Chinnammal – Respondent


Advocates:
S. Govind Swaminathan and M. Ramachandran, for Appellants; V.M. Lenin, for Respondent.

Judgement

RAMAPRASADA RAO J. :- This is an appeal against the judgment of Mohan J. who on an application filed by the respondent in this appeal, revoked the Probate granted in favour of the appellants by Paul J. This order is dated 14-2-1974, whereunder he granted letters of administration to the will of one Alagirisami Chetti. The respondent applicant has briefly stated in the affidavit in support of the Judge' s summons for revocation as follows :-

2. She was admittedly a person to whom notice was ordered before the grant was made. But according to the respondent such a notice which was served on her on 12-1-1974, was not accompanied by the copy of the petition filed for the grant and that no publication was made about the date of hearing of the testamentary proceedings and that she sought for inspection of the records as per order of the Master of this court dated 19-3-1974 and it was only thereafter she entered caveat. But as by then the letters of administration was ordered on 14-2-1974, the respondent' s allegation is that the grant was obtained on false and fraudulent misrepresentations. She concedes that she has questioned the legality of the will in earlier proceedings, but





























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