Gopal Sri Ram JCA:

Preliminary

This appeal concerns the validity of a will. The arguments before us took 12 days. The appeal was argued with thoroughness that is rarely seen at the Bar these days. In fact, many of the authorities referred to in this judgment are those cited by counsel to us. We would therefore at the very outset express our gratitude to counsel for their assistance and in particular to both Mr. T. Thomas and Dato' (Dr.) Cyrus Das for having taken us through the evidence and the judgment under appeal with a fine-tooth comb. Their assistance has made our task that much lighter.

It is manifestly clear that this appeal raises no new question of law at all. Indeed, counsel on both sides rely on the same well established principles of law. Counsel for both sides are also agreed that this appeal turns on the peculiar facts of this case. Where they are in disagreement is whether this is an appropriate case for appellate intervention given that it turns on questions of fact. The respondents say that the instant appeal falls within the general rule of appellate non-interference. On the other hand the appellants say that this is an appropriate case for appellate inte