M. KUMARAPPAN Vs. PONNUSAMY

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the Order passed by the First Appellate Court dismissing the Application filed by the Petitioners for reception of additional evidence under Order 41, Rule 27 of Code of Civil Procedure.

(2.) The Petitioners herein filed a Suit for Partition and Separate Possession. The Petitioners referred about a Will, dtd. 14/7/1992 executed by one Pavayi Ammal in favour of Chinnammal and Shanmugam. The said Chinnammal and Shanmugam are Vendors of Petitioners-Vendors Radhamani and Senthilkumar. The Respondents herein filed their Written Statement and resisted the Suit, inter alia denying the Will relied on by the Petitioners. The Trial Court held that the Will relied on by the Petitioners was not proved by examining Attesting Witnesses and hence, dismissed the Suit. Aggrieved by the same, the Petitioners filed an Appeal in A.S. No.36 of 2013 before the Additional District and Sessions Court, Namakkal.

(3.) Pending Appeal, the Petitioners filed an Application under Order 41 Rule 27 of Code of Civil Procedure seeking leave of the Court to examine Attestor to the Will in the First Appellate Court. Aggrieved by the dismissal of said application, the Petitioners are before this Court.