R. Jayasimha Babu, J.

1. This appeal is directed against the judgment of the learned single Judge holding that the Will dated 2.2.1970 of late Subbu Krishna Chetty, who was an advocate practicing in this Court and who died on 16.8.1982, is not his Last Will and Testament and that the probate sought for by the executors could not be granted on the ground that the Will had not been proved to have been executed by the testator; that there had been long unexplained delay in filing the petition for probate and that an adverse inference was required to be drawn by reason of non examination of the sole beneficiary who had delivered the Will to the executors and who had taken an active part in the conduct of the case through her son.

2. The document which was propounded as the Will is a typewritten document on a plain paper. The date of execution is set out in the last paragraph. It has on it the signature of G.Subbukrishna Chetty and the signature of two witnesses vis. Krishnamoorthy.R., below whose name is mentioned advocate and G.B.Duraipathy, below whose name is stated advocate with his address at Madras. The date 2.2.1970 is mentioned against their respective signatures. Th