JUDGMENT

(Prayer: Original Petition filed under Section 232 and 276 of Part X of the Indian Succession Act, and under Order XXXIX of 1925 and under Order XXV, Rule 5 of the Original Side Rules, prays that the Letter of Administration will the WILL annexed may be granted to the petitioner as the next of kin, younger son, the legatee and under the WILL of the said deceased to have effect throughout the State of Tamilnadu.)

1. Heard Mr.M.Kamalakannan, learned counsel appearing for the petitioner and Mr.N.S.Manoharan, learned counsel appearing for Mr.I.Lakshmana Bhaskar for the respondent.

2. The Original Petition had been listed before this Court after recording of the service and also the general paper publication that was effected. It is seen that a caveat had been filed by the respondent along with the affidavit complying the provisions of Order 25 Rules 51 & 52.

3. The learned counsel appearing for the Caveator apart from filing the caveat would oppose the Original Petition taking enormous effort to submit that the Original Petition itself is not maintainable as the same had been filed beyond the period of three months from the date of death of the testator. He would also heavily rely