MISHRA, J.

1. By the impugned order in Application No. 3671 of 1991 dated 5.1.1993 a learned single judge of this court has revoked the probate of the will of one P.P.M. Dhanushkodi Nadar (deceased who died on 23.12.1983), in favour of the appellant herein at the instance of his three brothers and a sister.

2. It is not in dispute that the deceased Dhanushkkodi Nadar is the uncle of the appellant as well as the applicants-respondents, who died issueless, his close heir being the father of the appellant and the respondents. According to the appellant, Dhanushkodi Nadar left behind a will appointing him as his executor. He accordingly filed a petition along with the affidavit of one of the attesting witnesses, to probate the Will in the common form. On 22.11.1985 a learned single Judge of this Court recorded a s follows:—

“The deceased has left behind a Will appointing the petitioner as his executor. The testator died as a bachelor and his parents had predeceased him. The affidavit of the attesting witness has been filed and the Will is proved in the common form. All the formalities are complied with. Issue probate”

3. It is common case that Dhanushkodi Nadar, before his dea