Anselm Charles Fernandis J:

Introduction

[1] Prior to the commencement of the trial this court had ordered that Originating Summons No AA-32-NCVC-265-05/2018 (see Encl 12) be consolidated with this present action under suit No AA-22NCVC-96-07/2018.

[2] The Originating Summons is in respect of the Defendant's application to extract the grant of probate for the will of Thanavali a/p Nagappan (the deceased).

[3] In the suit action, the Plaintiffs are contesting the validity of the said will as well as the Defendant's application for grant of probate. The first Plaintiff (SP1) had also filed a caveat to prevent the Defendant from extracting the Grant of Probate.

[4] At the end of the trial this court allowed the Defendant's Originating Summons No AA-32-NCVC-265-05/2018 and dismissed the Plaintiffs' suit no AA-22NCVC-96-07/2018. Hence this appeal by the Plaintiffs.

Brief Facts

[5] Ampravathy a/p Nagappan (Ampravathy) was the mother of the 1st-6th Plaintiffs and wife to the 7th Plaintiff. She was also was the elder sister of the deceased.

[6] Ampravathy had passed away on 28 May 2016 while the deceased passed away about 2 years later on 3 April 2018. The seventh Plaintiff had also since