N. Sathish Kumar, J.

This application is filed to reject the testamentary suit transferring O.P.No.6 of 2013.;

2. The brief facts leading to filing of this application is as follows :

The respondent/plaintiff filed Original Petition for grant of Letters of administration on the basis of the Will dated 09.07.1995 left by one Bhagyalakshmi said to be the mother of the applicant herein. Initially, the applicant did not know the execution of the Will. Thereafter on 02.03.1996, he became aware of the Will through the letter of one Ashok Menon. Immediately, the applicant raised the dispute as to its genuineness and validity of the Will besides, he also approached the City Civil Court by filing a suit in O.S.No.7861 of 1996 for the relief of permanent injunction. In the above suit, the respondent/plaintiff has filed a written statement stating that she was not claiming any right under the alleged Will and the suit has been dismissed as against her. The applicant has also filed caveat against the respondent and her family and also the executors named in the alleged Will before this Court as early as on 22.05.1996. But no steps were taken to obtain probate of the alleged Will by the executors or legatees under the alleged Will. When the applicant was helping the mother of the respondent in dispensing their half share in the property, the respondent has become avaricious and filed suits one after the other against her mother J.Girija claiming a share in the property belonging to her mother. In another suit in O.S.No.2521 of 2008 on the file of the City Civil Court, Chennai, she has admitted that the applicant has succeeded the properties of his mother. However in another suit, C.S.No.962 of 2008, the respondent has referred to the alleged Will. In another suit in C.S.No.182 of 2008 on the file of this Court, she sought to assert her claim under the Will of Bagyalakshmi.

3. The respondent though have knowledge of the alleged Will as early as in the year 1996, she has not chosen to approach this Court to obtain Letters of Administration. No notices were also executed to executors or Ashok Menon to act in terms or to produce the original Will before this Court. The respondent has knowingly abandoned or waived her right against the Will and kept quite for more than 13 years. She has colluded with the alleged executrix and with Ashok Menon to create a proceedings as though the original Will is not traceable. Consequently she has already filed an application in A.No.3834 of 2013 to lead secondary evidence and the same is pending consideration. The respondent has taken several applications one after another as though she is trying to take steps to produce the original Will in this Court. Hence, it is the contention of the applicant that the alleged original Will is not in existence at all and it is absolutely a fraudulent document. Therefore, the contention of the applicant is that the present proceedings for Letters of Administration is liable to be rejected without any further enquiry. Hence, application filed to dismiss the Testamentary suit as barred by limitation and on the ground of waiver and abandonment on the part of the respondent.

4. Brief Contentions of the counter filed by the respondent :

Denying the entire allegations, it is the contention of the respondent that he has filed a original petition in O.P.No.913 of 2010 for grant of Letters of Administration in her favour as a legatee under the Will dated 09.07.1995 executed by her maternal aunt Dr.C.Baghyalakshmi in respect of certain immovable properties covered under the said Will bequeathing to the respondent. The applicant herein filed caveat and therefore, the Original Petition has been converted as that of a Testamentary suit. Issues are framed in the suit and the suit itself is ripe for trial. It is the contention of the respondent that she has filed an application in A.No.693 of 2003 for issue of citation to the executors who have been appointed under the said Will date