J U D G M E N T

For the sake of convenience, parties are referred to herein as per their litigative status before the Trial Court.

2. The unsuccessful plaintiff is the appellant herein.

3(a) The plaintiff filed the suit for declaration to declare the plaintiff is entitled to receive the Fixed Deposit kept by the deceased Xavier Regina Marie with the defendant Bank under the Fixed Deposit for the purpose of distributing the amount to the relatives as per the terms of the Will of the said Xavier Regina Marie dated 09.01.2017 and for further declaration to declare that the plaintiff is entitled to open the Locker No.95 maintained by the deceased Xavier Regina Marie with the defendant Bank and to pass a mandatory injunction directing the defendant Bank to release the Fixed Deposits standing in the name of the deceased Xavier Regina Marie and for a mandatory injunction directing the defendant Bank to permit the plaintiff to open the Bank Locker No.255 maintained in the name of the deceased as per the Will of Xavier Regina Marie.

3(b) The plaint proceeds on the basis that Smt. Xavier Regina Marie W/o Late Xavier Arockinathan is an account holder in Indian Overseas Bank, Karaikal, the defenda