KALI Vs. CHATHANKUTTY

JUDGEMENT

(1.) THE petitioners are plaintiff Nos. 2, 3 and 4 in a suit for partition. THE first respondent is the first plaintiff and the second respondent is the sole defendant in the suit. THE plaintiffs claimed 4/5 shares over the plaint schedule property. THE property is 5 cents of land with a building thereon which belonged to the father and mother of the plaintiffs.

(2.) THE sole defendant relied on a will allegedly executed by his mother. It is stated that the property is bequeathed equally to the first plaintiff and the defendant therein. THE original of the will was not produced in the suit. THE copy of the will summoned from the office of the Sub Registrar was produced as Ext.X1.

(3.) THE defendant on the other hand contends that the first plaintiff sailed along with other plaintiffs only. THE suit was hotly contested disputing Ext.X1 will. THE contention that the first plaintiff colluded that the defendant is not true. No grounds have been made out to condone the delay in filing the appeal. THE order of the court below refusing to condone the delay is correct and valid.