J. SUGANTH Vs. G. KALAIVANI

JUDGEMENT

(1.) THE plaintiffs in O.S. No. 279 of 2009 on the file of the Principal District Judge Court, Erode, are the revision petitioners. They filed the suit for partition. During the examination of PW2 the application was filed to receive the Will dated 17.3.2008 in favour of the petitioners and that application was rejected and aggrieved by the same this revision is filed.

(2.) IT is submitted by the learned counsel for the revision petitioners that the Court below failed to appreciate that the Will which is sought to be filed was already produced in G.W.O.P. No. 10 of 2010 even on 14.11.2011 and the parties must be given an opportunity to produce the document in support to their case and such opportunity should not be denied and he relied upon the Judgements reported in : 2009 (4) MLJ 189 (Hilda Pushpavathi and another Vs. Duraikkannu) and : AIR 2007 Bom 69 (Mohanraj Rupchand Jain Vs. Kewalchand Hastimal Jain and others) in support of his contention. He therefore submitted that the Court below should not have refused to entertain the application and ought to have allowed the application and permitted the parties to file the Will.