CHELLAMMAL Vs. VENKITAMMAL

JUDGEMENT

(1.) THE revision petitioner is the plaintiff in O.S.No.223 of 2000 on the file of the Sub Court, Bhavani. THE revision is field against the dismissal of I.A.No.580 of 2002 to receive reply statement.

(2.) THE plaintiff filed the suit on 13.11.2000 for declaration and permanent injunction in respect of the suit "A" schedule property and for partition of half share in respect of the suit "B" schedule property against her daughter-in-law. In the plaint it is averred that as per registered partition deed dated 3.2.1984, the suit "A" schedule property was allotted to the share of the plaintiff and the suit "B" schedule property was allotted to the share of Rangasamy, the husband of the defendant and on his death on 21.2.2000, as per his last Will dated 6.1.2000 the plaintiff is entitled to half share in the suit "B" schedule property.

(3.) THE learned counsel for the respondent/defendant contended that inasmuch as a definite case was set up in the written statement filed as early as on 2.11.2001, the plaintiff did not choose, to file reply statement and only after commencement of examination, on the plaintiff as P.W.1 and another witness as P.W.2, 3.1.2002 to 18.2.2002 and when the suit was being adjourned for examination of further witnesses on the side of the plaintiff, the plaintiff has filed the petition on 25.9.2002 to receive reply statement. THE learned counsel further pointed out, in as much as it is for the defendant to prove the Will in her favour there is no necessity for the plaintiff to file reply statement disputing the Will in favour of the defendant by her husband, the deceased Rangasamy, son of the plaintiff.