Ratio
Anyone having an interest in the property covered by the Will has locus standi to contest the prayer for probate and can seek for the revocation of the probate already granted.

P. DEVADASS, J. As against the dismissal of Application No.2361 of 2011 in O.P.No.382 of 2010 which has been filed to revoke the order probating the Will of late George Joseph Chambers, this appeal has been directed by Chrome Leather Company Ltd., a third party.

2. This appeal arose under the following circumstances:- 1) George Alexander Chambers also known as G.A. Chambers married thrice. He amassed huge wealth particularly in Zamin Pallavaram. He founded Chrome Leather Company Limited. Huge track of property formed part of this company. While alive on 18.12.1930, he executed a Will in favour of his third wife Ida L.Chambers, whereunder, he had bequeathed considerable extent of property. He was not alive to witness the fight between his third wife and a son born to him through his another wife. But, to buy peace, there was compromise between them.

2) Thereafter, Mrs.Ida executed a Will on 29.10.1949. It appears that Chrome Leather Company Limited raised loans with Central Bank of India. The Company fell into huge arrears, naturally, the Bank enforced the mortgage. The property was brought to sale. It was purchased by a third party, namely, the appellant, at the auction.

3) Subsequently, one George Joseph Chambers emerged. He claimed himself a son of Kelland Huxford Chambers, who is son of Ethel Mary Chambers, who is first wife of George Alexander Chambers. George Joseph Chambers claimed himself an heir to late G.A.Chambers, exactly as his grandson.

4) On 13.08.1930, Mrs.Ida died issueless. In O.P.No.178 of 1969, the Administrator-General sought for probating her Will. Letters of Administration was granted. George Joseph Chambers filed Application No.3899 of 2007 to revoke it. However, On 08.07.2008, it was dismissed by the learned single Judge.

5) On 06.08.2008, George Joseph Chambers passed away. Q.Dawson, the first respondent herein, claiming himself as his Power Agent as well as executor of his Will dated 6.2.2008 filed O.P.NO.382 of 2010 to probate the Will. On 06.08.2008, the Will has been probated.

6) Chrome Leather Company Limited, a third party filed Application No.2361 of 2011 to revoke the Order dated 25.01.2011. Saroja, her children and also of her husband's 1st wife filed Application No.4402 of 2011 seeking similar relief. On 25.1.2011, the learned single Judge allowed Application No.4402 of 2011 on the ground that they have established a just cause and also referring to Explanation (b) to Section 263 of the Indian Succession Act,1925 held that the power of attorney adopted certain fraudulent activities. However, the Application filed by the present appellant has been dismissed on the ground that he has no caveatable interest and he has no locus standi to seek a remedy.

3. Assailing the said order, Mr.R.Thiagarajan, learned Senior Counsel for the appellant would contend that already in W.P.Nos.33248 and 33249 of 2007, this Court cancelled the legal heir certificate granted to George Joseph Chambers. In W.P.No.1435 of 2008, a Division Bench of this Court dubbed George Joseph Chambers and his Power agent as land grabbers. The learned Senior Counsel also contended that since the property purchased by the appellant at the auction also has been included in the Will of George Joseph Chambers, the appellant has caveatable interest. Thus, necessarily, he has to protect his interest. So, he has a right to approach the Court to seek revocation of the order probating the Will of George Joseph Chambers. Thus, the observations of the learned Single Judge in dismissing the appellant's application is not in accordance with law.

4. The learned Senior Counsel cited Dr.R.A.Venkatesan v. D.Jenbagalakshmi [2012 [2] CTC 278 (D.B.)] and submited that even if a third party has a fraction of right, he will have locus standi and caveatable interest. The locus standi of a person having caveatable interest cannot be restricted to persons related by blood to the testator or beneficiary under the Will or a person having an i