DEIVANAI Vs. MUTHUSAMY AND OTHERS

JUDGEMENT

(1.) The Civil Revision Petition is filed against the order dated 09.04.2012 made in I.A.No.143 of 2012 in O.S.No.61 of 2009 on the file of the Principal Sub Court, Erode.

(2.) The respondents 1 to 5 as plaintiffs filed a suit in O.S.No.61 of 2009 for the following reliefs:

(3.) Learned counsel appearing for the petitioner submitted that the document has to be send for and if the hand writing expert is not able to compare the same then it is left open to the parties to prove the will. He further submitted that once the application under Order 26 Rule 10(A) and Section 151 of CPC is pending the Court has erroneously held that there is no necessity to send for the documents for the year 1985-1986 and without looking the original documents, the court shall not held that no purpose will be served if the document is sent for. Hence, he prayed for setting aside the order passed by the Trial Court.