KALIYAMOORTHY Vs. KRISHNAMOORTHY

JUDGEMENT

(1.) Aggrieved over the concurrent findings of the Courts below, the unsuccessful defendants have preferred the above Second Appeal. Even though several issues were raised, the appellants prefers to insist on the question of law as to whether the Suit is maintainable in the light of the bar under Order IX Rule 9 (1) of Code of Civil Procedure, 1908.

(2.) For the benefit of understanding, the brief facts are given as under:

(3.) Even though various issues with regard to proof of execution of WILL and other issues were raised, the learned counsel for the appellants would focus his arguments mainly on the issue of maintainability of the Suit in the light of the bar under Order IX Rule 9(1) of Code of Civil Procedure, 1908.