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1991 Supreme(Mad) 930

THANGAMANI
R. Krishnamoorthy – Appellant
Versus
J. Chandrasekaran – Respondent


Advocates Appeared:
For the Plaintiff:N.S. Varadachari, N.C. Ramesh, Advocates.
For the Defendant:R. Subramaniam, H.J.H. Ravikumar, Advocates.

Judgment :-

One Smt. Padmini Chandrasekaran died on 7.6.1980 at Madras leaving behind a registered will dated 20.9.1975. The plaintiff herein Thiru R. Krishnamurthy and one H.B.N. Setty were appointed as executors under the Will. The latter had relinquished his post as such executor by virtue of his being in the Indian Administrative Service. Thereupon the plaintiff filed O.P. 117 of 1981 on the file of this Court under Ss. 222 and 276 of the Indian Succession Act for the grant of probate. By an order dated 28.4.1981 probate was issued to him. Subsequently the husband of deceased Padmini Chandrasekaran came forward with Application No. 1998 of 1982 to revoke the probate granted by this court. According to him the probate was obtained even without disclosing his existence and without any attempt to issue any notice to him. That application was stoutly opposed by the present plaintiff on the ground that the genuineness of the will was not challenged by the husband in the earlier proceedings. A single Judge of this Court has allowed the application and directed revocation of the grant of probate under S. 263 of the Indian Succession Act by his order dated 16.9.1982. And the O.P. was co













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