G GANESAN Vs. P SUNDARI

JUDGEMENT

(1.) Is an unprobated Will admissible in evidence to prove the cancellation of an earlier Will upon which letters of administration is sought for? It is on this question these appeals resolve around.

(2.) Seeking letters of administration with a certified copy of the registered Will said to have been executed by one Mrs.Saraswathiammal on 22.06.1990 at Chennai in the presence of witnesses the appellants filed an application. Since it was opposed by the respondents herein, as per Order XXV Rule 55 of the Original Side Rules of this Court, it was converted as a suit and numbered as TOS No.38/2004. The testatrix died on 27.08.2001. According to the appellants, the said Will was the last Will of the deceased Saraswathiammal. The respondents herein who are the defendants in the suit have filed a written statement wherein, they have stated that the registered Will dated 22.06.1990 referred to above was subsequently cancelled by Mrs.Saraswathiammal during her life time by another Will dated 13.12.1993 and the same was registered as Document No.105 of 1993. It is because of the said cancellation by execution of the fresh Will dated 13.12.1993, which according to the respondents is the last Will of the deceased, the appellants herein are not entitled for letters of administration on the basis of the registered Will dated 22.06.1990, it is contended.

(3.) During the course of trial, the respondents filed I.A.No.4245 of 2009 seeking permission to mark 5 documents in evidence on their side namely (i) certified copy of registered document in Doc.No.105/1993 dated 13.12.1993; (ii)letters written by the second applicant/second defendant's mother Saraswathi Ammal/testatrix; (iii) encumbrance certificate; (iv)service register of the second applicant; and (v)Death Certificate of two attesters of the Will dated 13.12.1993. Seeking to condone 475 days of delay in filing the above documents, the respondents filed I.A.No.4244 of 2009.