AHALYA DEVI Vs. JEYARAJ

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order, dated 13.03.2017 passed in I.A.No.71 of 2017, in O.S.No.486 of 1997, on the file of the District Munsif cum Judicial Magistrate Court, Bodinaickanur.

(2.) The revision petitioner is the plaintiff and the respondents are the defendants 2 to 4 in I.A.No.71 of 2017.

(3.) Brief substance of the petition in I.A.No.71 of 2017, is as follows:- The original suit in O.S.No.486 of 1997 was filed for declaration and for permanent injunction. The case was posted for judgment on 10.02.2017. The original suit was filed on the basis of a Will and the Will has to be proved under Section 68 of the Evidence Act. In a connected suit in O.S.No.90 of 2004, a witness, by name, Sridharan was examined as a witness and the said Sridharan was one of the attestor of the 'Will'. His evidence in O.S.No.90 of 2004 was marked as Ex.B1 and Ex.B14. The petitioner was under the impression that marking of Ex.B1 and Ex.B14 is sufficient enough to prove the Will. Later, the petitioner came to know that this is not sufficient to prove the Will and that the attestor has to be examined. Hence, the trial has to be re-opened and the petitioner must be permitted to examine further witnesses.