JUDGMENT

Aggrieved by Ext.P5 order passed by the Court of the Munsiff, Chengannur in I.A.No.1/2022 in O.S.No.338/2007, the defendants in the suit have filed the original petition. The respondent in the original petition is the plaintiff in the suit.

2. The facts in brief, leading to Ext.P5 order, are: the respondent has filed the suit, inter-alia, for declaration of title. The plaint schedule property originally belonged to Ramachandran Nair, who was a bachelor and he died issueless on 03.07.2007. The respondent is the brother of the deceased. Ramachandran Nair had two other brothers named Gopalakrishnan Nair and Ravindran Nair, who predeceased Ramachandran Nair. The petitioners are the wife and children of Gopalakrishnan Nair. The respondent is the sole legal heir of Ramachandran Nair in the light of the provisions of Hindu Succession Act. The petitioners have filed a written statement resisting the suit, inter-alia, contending that Ramachandran Nair had executed a Will in their favour. However, the two attestors to the Will have died, pending the suit. Section 68 of the Indian Evidence Act , (in short, 'Act') mandates atleast one of the witnesses have to be examined to prove the Wi