K. RAVIRAJA PANDIAN, J.

The Original Side Appeal is filed against the judgment and decree of a learned single Judge of this Court dated 23.01.2001 made in T.O.S No.16 of 1994.

2. O.P.No.343 of 1992 was filed under Sections 222, 237 and 276 of the Indian Succession Act, XXXIX of 1925 for issuance of the Probate in favour of the plaintiff – Mrs. Kamala Menon Cochran in respect of the Will of the deceased K.P.Janaki Amma executed and registered on 11.01.1982 and later it was converted as T.O.S.No.16 of 1994 as one of the brothers of the plaintiff K.P.Rajagopala Menon filed caveat and disputed the Will. Subsequently, the other brothers were joined as parties.

3. For the sake of convenience, the parties are referred to as arrayed in the suit. The precise case of the parties is as follows: One K.P.Janaki Amma died on 27.04.1991. She executed and registered a Will and testament on 11.01.1982 in the presence of witnesses, whose names appear at the foot thereof, in the office of Sub-Registrar, T. Nagar, Chennai. The Original Will was lost and therefore a certified copy of the registered Will has been filed. The plaintiff was appointed as executrix of the said Will. Prior to the