JUDGMENT :

P.B. BALAJI, J.

Prayer: Original Side Appeal filed under Order 36 Rule 1 of the Original side Rules read with Clause 15 of Letters Patent against the judgment and decree dated 27.06.2012 made in T.O.S.No. 12 of 1999 and to allow this Appeal.

1. This intra Court Original Side Appeal is directed against the judgment and decree in T.O.S.No. 12 of 1999 dated 27.06.2012 on the file of the Original Side of this Court.

2. The deceased 1st respondent in this appeal filed O.P.No. 376 of 1996 seeking grant of Letters of Administration with a Will dated 05.04.1994 of A.Dharmaraj annexed. The 5th defendant alone contested the request for grant of Letters of Administration and the Original Petition was converted as a Testamentary Original Suit in T.O.S 12 of 1999. The defendants 1, 3, 4 and 6 to 9 did not file any written statement and it was only the 5th defendant, the appellant herein who chose to contest the Will.

3. The plaint in brief:

Late A.Dharmaraj died on 28.04.1995 at Malaysia leaving behind property at Chennai. The said deceased executed his Will at Chennai, on 05.04.1997. The deceased had appointed the plaintiff, A.Pushparaj as the sole executor. However, since the said execut