Ramanujam, J.

1. This appeal arises out of the judgment dated 28-3-1985 of Sengottuvelan, J. in Application No. 211 of 1985 in T.O.S.No. 19 of 1984, dismissing the same. The said application had been filed by the appellant herein to implead himself as second respondent in T.O.S.No. 19 of 1984 and for directing the plaintiff to amend the plaint accordingly.

2. The facts leading to the filing of the said application by the appellant may briefly be noted: One Dungarmal Bachumal Futnani died on 1st April, 1983, leaving a will and a codicil dated 28th June, 1982 and 29th March, 1983 respectively. He has left behind him two sons and eight daughters. The sons are Mohanlal D. Futnani and Vishanji Futnani. The wife of the deceased predeceased him. The first respondent herein, Mohanlal D. Futnani filed O.P.No.262 of 1984 for the issue of a probate in respect of the will claiming to be the named executor under the will. In the said O.P.No.262 of 1984 the son of the first respondent, viz., the second respondent herein, also figured as the second petitioner. The other son of the testator viz., the third respondent herein, filed a caveat and disputed the truth and genuineness of the will.