G CHOCKALINGAM Vs. M VASANTHA

JUDGEMENT

(1.) The first defendant in the suit has filed the above Civil Revision Petition against the fair and decretal order dated 11-10-1999 made in I.A. No. 252 of 1999 in O.S. No. 16 of 1997 by the Court of District Munsif, Devakkottai.

(2.) The history of the case is that the first respondent herein as the plaintiff has filed the suit against the petitioner and five others, who are shown as respondents 2 to 6 herein, for declaration to the effect that the will dated 12-11-1993 was the last will and testament of late Ganapathy Chettiar and consequently restraining the first defendant from in any manner implementing the recitals of the earlier will dated 5-6-1993 on ground that it had been revoked and for costs.

(3.) On the part of the first defendant, in his written statement, he would take up the plea of forgery for the will dated 12-11-1993 on account of the physical condition of the executant Ganapathy Chettiar since he was not in a position to move out of Madurai so as to execute the said will on 12-11-1993 at Karaikudi. Yet another plea has also been taken on the part of the petitioner/first defendant that the plaintiff has wrongly valued the plaint at Rs. 400/- paying the Court fee under S. 25(d) of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 (hereinafter referred to as the 'Act').