MAHADEVAMMA Vs. MAHADEVAMMA

JUDGEMENT

(1.) IN this reference made under Section 113 of the code of Civil Proedure (hereinafter referred to as the CPC'), the Court of Principal Civil judge (Jr. Dn.) and Additional JMFC, nanjangud, (hereinafter referred to as 'the trial Court') has sought the opinion of this court on three points. They read as here under:

(2.) BEFORE we proceed to consider the points referred to above, we find it useful to extract Order VIII Rule 1 as amended by means of Act No. 46 of 1999 and Order XXVII rule 7 of the CPC. The same reads as here under : order VIII Rule 1 reads as hereunder :

(3.) SINCE all the points referred to by the trial Court are inter-connected, we will proceed to answer all the three points together.