1. This is an appeal against an order of our brother Srinivasa Aiyangar, J., dismissing an application under Section 301 of the Indian Succession Act, XXXIX of 1925, to remove the executor Thangavelu Mudaliar appointed under the will of Vaidyalinga Mudaliar, dated the 21st Oct., 1925. An interim order appointing a receiver was made by our brother Beasely, J. When the matter came on for final disposal before Srinivasa Aiyangar, J., he held that the matters which had to be determined required a considerable quantity of evidence and the determination of various facts and issues some of which were really complicated. He was also of opinion that the petitioner has got another remedy for the removal of the executor by way of a regular suit and that the object of this section was merely to provide a summary remedy for such removal in addition to that by suit. No evidence was taken by the learned Judge in respect of the allegations made by the petitioner. On the view he has taken he dismissed the petition. He also expressed a suspicion that the petition was not made in good faith but was actuated by some other motives. Now Section 301 of the Succession Act, re-enacts Section 4 of t