Disinheritance of appellant by earlier Will.

A.S. Venkatachalamoorthy, J.

1. The learned single Judge dismissed the applications 181 and 182 of 2000 in O.P.284 of 1991 filed by the appellant under Order 14, Rule 8 of O.S. Rules read with Order 25 Rule 62 of O.S.Rules and Section 263 of the Indian Succession Act, 1925 and Order 14, Rule 8 read with order 25 Rule 62 of O.S. Rules respectively by a common order dated 23.8.2000.

2. Theabove appeals have been filed by the appellant being aggrieved by the said order.

3. One Sivagami Ammal is the wife of late V.V.Raghunathan (Testator) and they have three sons and one daughter. The youngest of the sons is Ramachandran, the appellant herein. Deceased's daughter Annalakshmi's son is by name Hariharan, is the respondent herein.

4. The said Hariharan filed O.P.284 of 1991 under Sections 263 and 317 of the Indian Succession Act to issue probate of the last Will and testament of V.V.Raghunathan (Vanchi Vadyar Raghunathan), who died on 4.12.1990 at Madras. By an order dated 26.9.1995, a probate was granted. In the said proceeding, viz., O.P.284 of 1991, the present appellant was the 4th respondent.

5. The appellant filed two applications viz., (a) Application No. 181 of 2000 under Order 14, Rule 8 of O.S. Rules read with Order 25, Rule 62 of O.S. Rules and Section 263 of the Indian Succession Act, 1925 praying the Court to revoke the probate granted by this Court on 26.9.1995 of the alleged will dated 4.6.1984 of the deceased in the O.P. 284 of 1991; (b) Application No. 182 of 2000 praying the Court not to issue citation to the respondent to produce and deposit in this Court the original probate issued to him as per the order of this Court dated 26.9.1995 in the original petition.

6. A common affidavit was filed by the appellant in support of the applications Nos. 181 and 182 of 2000. The case of the appellant as set out in the said affidavit is as under:

The appellant left Chennai in or about 1976 to Mettur in connection with his business and he was residing and carrying on business there till about 1995, but however, he used to visit Chennai whenever required. His father died at Chennai on 4.12.1990. Mr.P.B. Ramanujam was the advocate for his father, elder brother R.V.Easwaran and for the respondent (Petitioner in O.P.) To condole the death of his father viz., V.V.Raghunathan, the said advocate visited No. 109, St.Mary's Road, Chennai-28 on 17.12.1990 and he asked the appellant and his brother Kasi Viswanathan to call on him to see the will of his deceased father. On 18.12.1990, the appellant and his wife by name Usha called on the said advocate and the advocate showed them the will of his father dated 12.9.1975. Again on 20.12.1990, the appellant along with his brother Kasi Viswanathan called on the advocate Mr. P.B. Ramanujam and on that day also they were shown the will dated 12.9.1975. Subsequently, the appellant left Chennai for Mettur requesting the advocate to take steps in the matter. Since there was no progress in the matter, the appellant wrote a letter dated 8.6.1991, by RPAD to the said advocate, requesting him to send him a xerox copy of the said will dated 12.9.1975 of his father. The said letter was counter- signed by his brother Kasi Viswanathan also. A reply dated 29.6.1991 was received from the said advocate refusing to furnish a copy of the said Will on the ground that he had no instructions from the deceased or anyone who entrusted the matter to probate the Will of the deceased, to give copy of the Will to the appellant or his brother Kasi Viswanathan. As the appellant was away from Chennai, he did not pursue the matter further thinking that both the second respondent R.V. Easwaran (other brother of the appellant) and the advocate would be taking further steps to get the probate of the will of his father. According to the appellant, on 14.12.1999, while he was passing through his family house at No. 109, St. Mary's Street, Chennai-28, he was surprised and taken back to find that the building was in