A. S. BOPANNA, J.

( 1 ) THE appellant is the plaintiff in O. S. No. 22/1998. The respondents herein were also the respondents in the suit with the same rank. The plaintiff had initially filed a petition seeking probate of the will and testament dated 18. 01. 1995 said to have been executed by the father of the parties namely late Thimothy Lewis. The father of the parties expired on 19. 03. 1995. The said petition was registered as P and SC No. 20/1996. The fourth respondent had lodged a caveat in respect of the same and as such the petition was converted as a suit in O. S. No. 22/1998. After trial, the said suit came to be dismissed by judgment and decree dated 24. 7. 2001. Claiming to be aggrieved by such dismissal of the suit, the plaintiffis before this Court in this appeal.

( 2 ) SRI B. V. Krishna, learned counsel appearing for the appellant while assailing the judgment and decree impugned in this appeal contended that the Court below has proceeded at a tangent. According to the learned counsel, the Court below instead of considering the requirement of testing the validity of the execution of the WILL as contemplated under Section 63 of the Indian Succession Act, has proceede

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