M. Venugopal, J.

O.S.A.No.379 of 2001 is filed by the appellant/ plaintiff as against the Judgment and Decree of the learned Single Judge dated 24.01.2001 passed in T.O.S.No.20 of 1990 in dismissing the suit with costs.

2. The appellant/plaintiff has filed T.O.S.No.20 of 1990 seeking to issue a probate in respect of the Will dated 17.09.1986 executed by Alamelu Ammal.

3. After contest, the learned Single Judge has inter alia come to the conclusion that the Ex.P.1-Will dated 17.09.1986 is tainted with invalidating factors and should have come into existence under suspicious circumstances, which the plaintiff has not explained properly and held that the appellant/plaintiff thoroughly failed to prove that the said Will was executed by Alamelu Ammal and dismissed the suit with costs. Aggrieved against the judgment and decree passed by the learned Single Judge dated 24.01.2001 in T.O.S.No.20 of 1990, the plaintiff has preferred O.S.A.No.379 of 2001 as an appellant.

4. According to the learned counsel for the appellant/ plaintiff, the learned Single Judge fell into error in initially assuming that there are suspicious circumstances in regard to the Ex.P.1-Will dated 17.09.1