1. This is an application under Sec. 263 of the Indian Succession Act for revoking the Probate granted on 24-8-1994 in O.P. No. 7/94 of the Will dated 3-1-1985 of the testatrix Sita Iyyappa widow of late Lt. Gen. A.C. Iyyappa, and for a direction to the petitioner to prove the Will in solemn form.

2. The applicant is one of the brothers in-law of the deceased. He was respondent No. 3 in O.P. No. 7/94, that O.P. having been filed on 4-11-1993. The applicant had been served with citation in that O.P. on 20-6-1994. A copy of the Will had also been sent to him by his brother Sri. A.C. Muthanna, senior advocate, even before the O.P. was instituted. The applicant had declined the request of his brother for filing an affidavit of consent in that O.P. In that O.P. the other respondents were A.C. Muthanna and his sister Mrs. M.T. Medappa. They have filed their affidavits of consent to the grant of probate. This Court on 24-8-94 granted Probate holding that the testatrix had executed a Will at Madras on 3-1-1985 in the presence of Sri. A.C. Muthanna and N. Shanker who had filed their affidavits regarding the due execution and attestation of the will, as they are the attestors of t