SANTHIRAKANI AND ORS. Vs. VIJAYA AND ORS.

JUDGEMENT

(1.) AGGRIEVED by the common order dated 17.7.2014 passed by the III Additional District Judge, Thoothukudi, in I.A. Nos. 72 to 74 of 2014 wherein and by which the petitions filed to reopen, recall D.W.1 and to receive document respectively, were dismissed, the defendants 1 to 5 in O.S. No. 61 of 2012 have come up with the instant Civil Revision Petitions.

(2.) FROM the materials available on record, it is seen that in a suit for partition of the year 2012, trial was completed on 06.3.2014 and the suit was posted for arguments on 26.3.2004. While so, the defendants had filed three applications in I.A. Nos. 72 to 74 of 2014 for reopening, recalling D.W.1 and for receiving the document in evidence respectively. The document sought to be marked is a Will written by one Shanmughavel Nadar executed on 05.4.1972. The certified copy of the Will was sought to be marked on the ground that the original Will is not available. For such purpose, the other applications to reopen and recall D.W.1 were filed.

(3.) THE learned III Additional District Judge, Thoothukudi, after consideration of the facts and evidence, dismissed the applications holding that the petitioner has filed the petitions at belated stage. Aggrieved by the same, the defendants are before this Court with the present Civil Revision Petitions.