VEERASWAMI, C. J. :- Mohan J., having found a conflict between Komalangiammal v. Sowbagiammal, 59 Mad LJ 529 : (AIR 1931 Mad 37) decided by a Division Bench and Jayakumar v. Ramarathnam,(1972) 1 Mad LJ 4 : (AIR 1972 Mad 212), of a single Judge, has referred the particular question, whether in a petition for probate a caveator can properly claim title in himself in conflict with that of the testator or testatrix.

2. The scope of a probate petition is confined to an enquiry as to the disposing state of the mind of the testator or testatrix and the disposition of his or her property by will. Any caveat entered into will also be confined to the scope of the petition. A person who claims interest in the estate of the testatrix will have the locus standi to maintain the caveat, the scope of caveat enquiry being no more than what it is in that of the probate proceedings themselves. This proposition, which is elementary, is long since established, both on principle and by practice, of this Court on the probate side. Section 283 of the Indian Succession Act, which concerns itself with the powers of the probate Court provides that it may issue citations calling upon all persons "clai