SORNAM Vs. P N THEVACHIAMMAL

JUDGEMENT

(1.) THIS revision is directed against the order of the Principal Subordinate Judge, Coimbatore, made in I. A. No. 134 of 2004 in O. S. No. 252 of 1997, dated 01-03-2004, dismissing the petition filed under Section 151 C. P. C. to reopen the case for the purpose of examining the attestor of the Will and for examination of the witnesses mentioned in the petition. The Defendants are the Revision Petitioners.

(2.) THE facts necessitated for disposal of this revision petition could briefly be stated thus:-The suit properties relate to the landed property in S. F. No. 618-6. 58 acres and the house bearing Door No. 4/95a. The Plaintiff Thevachiammal has filed the suit for partition claiming 1/4th share in the suit properties. The parties are related as:-Through her son Rajamani, the Plaintiff has filed the suit for partition claiming her 1/4th share. The Defendants have filed the written statement on 2-11-1999 denying the Plaintiff's right of 1/4th share. According to the Defendants, the Plaintiff is only entitled to get 1/8th share out of the suit property. On 23-01-2002, the additional written statement was filed by the Defendants contending that the Plaintiff is entitled to only 1/12th share. Further, the Defendants have also alleged that they have recently found a letter written by late Rajamani dated 9-3-1992. As per that letter, the deceased Rajamani expressed his wish that the entire family properties should go to the Defendants, namely, his wife, son and daughter respectively. As per that letter, the Plaintiff is not entitled to get any share out of the suit property. The issues were framed on 23-09-2002. The additional issues were framed on 16-12-2003. On commencement of the trial, the parties adduced evidence. On completion of evidence, the Court has posted the matter for judgment on 23-2-2004.

(3.) I. A. NO. 134 of 2004 was filed on 13-2-2004. When the case was posted for judgment, the Defendants have filed this Application to reopen the case to examine the attestor of the Will and another witness to prove the case of the Petitioners and also to mark the Will.