Evading examination as a witness by the power agent is a just cause to revoke the probate.

Srinivasan, J.: These appeals are directed against a common order passed in Application Nos.2635 and 4501 of 1992 revoking the probate granted on 24. 1992 and restoring T.O.S.No.28 of 1985 to file.

.2. The dispute relates to the will alleged to have been executed by Pauline Manonmani James, who died on 13. 1985. The appellant in O.S.A Nos.128 and 129 of 1994 filed O.P.No.432 of 1985 for grant of probate claiming to be the legatee and executrix under the Will. The Will bears the date 10. 1984 registered on 110. 1984. The deceased Pauline Manonmani James had two sisters and two brothers. One of the sisters by name Ellen Jamima died in 1978, bequeathing her properties to Pauline Manonmani. One of the brothers by name P.M.James died on 2. 1984 leaving his wife Mery Therasa and daughter Jenifer. At the time of the death of the testatrix, her legal heirs were her sister Mary Jenet James alias M.J.James, the first respondent in O.S.A.No.128 of 1994 and her brother Joseph Gnanamuthu James alias J.G.James whose legal representatives are respondents 1 to 3 in O.S.A.No.129 of 1994. The testatrix was a spinster, Under the will, all the properties of the testatrix are bequeathed to the appellant in O.S.A.Nos.128 and 129 of 1994. M.J.James had filed Anticipatory Caveat in March, 1985. After the original petition for grant of probate was taken on file, she entered caveat on 12. 1985. She filed a supporting affidavit on 112. 1985. Prior to that, the brother of the testatrix viz., J.G.James entered caveat on 27. 1985. Supporting affidavit was filed by his Power Agent Mr.K.Kumar, the second respondent in O.S.A.No.128 of 1994 and the fourth respondent in O.S.A.No.129 of 1994. He is the appellant in O.S.A.Nos.255 and 256 of 1994. The original petition was converted into a suit and registered as T.O.S.No.28 of 1985 in December, 1985. On 24. 1992, an affidavit was filed by K.Kumar stating that he was the Power Agent of M.J.James by virtue of a General Power of Attorney in his favour dated 20.4.1989. He filed another affidavit stating that on a close scrutiny of the entire matter, he found it may not be possible to sustain the defence to the testamentary original suit and in view of the same he prayed for permission to withdraw the caveat. Similarly he filed an affidavit on behalf of J.G.James referring to the General Power of Attorney dated 25. 1985 and by another affidavit sought permission to withdraw the caveat. On the same day, Mrs.Mary Therasa James and her daughter Jeniffer filed a consent affidavit accepting the genuineness of the will and agreeing for the grant of probate. A learned single Judge of this Court passed an order on that day itself referring to the withdrawal of the caveats and the consent affidavit of Mrs.Mary Therasa James and her daughter and directing the issue of probate in favour of the petitioner in O.P.No.432 of 1985.

.3. J.G.James died on 15. 1992. In June, 1992, MJ.James filed an application to revoke the said probate and the same was registered as O.A.No.2635 of 1992. A similar application was filed in September, 1992 by the legal representatives of J.G.James, which was registered as O.A.No.4501 of 1992. The appellant in O.S.A.Nos.128 and 129 of 1994 filed Application Nos.3708 of 1992 and 5231 of 1992 for impleading K.Kumar as a party to the two original applications referred to above. The applications were ordered on 21. 1993 and K.Kumar was impleaded as second respondent in both the applications. By a common order dated 3. 1994, the two Original Application Nos.2635 and 4501 of 1992 were allowed and the probate granted on 24. 1992 was revoked. It is against the said order, these four appeals have been filed. While the two earlier appeals, O.S.A.Nos.128 and 129 of 1994 have been filed by the first respondent in those applications viz., Mrs.Geetha alias Geetha Ravi, the two later appeals O.S.A.Nos.255 and 256 of 1994 have been filed by K.Kumar, the second respondent in the applications.

.4. The applicat