A.SELVARAJ Vs. M.DHANAKOTI

JUDGEMENT

(1.) The plaintiff A.Selvaraj had initially filed O.P.No.311 of 2012 under Ss. 232 & 276 of the Indian Succession Act, 1925 seeking grant of Letters of Administration of the Will annexed dtd. 5/12/1995 said to have been executed by Narayanaswamy Naikar who died on 11/1/1996. In the Original Petition, he impleaded the legal heirs of Mari Naicker the deceased son of Narayanaswamy Naikar as respondents 1 to 5. Thereafter, since caveat was filed, O.P.No.311 of 2012 was converted as Testamentary Original Suit by order dtd. 4/2/2013.

(2.) The defendants did not file their written statement within the stipulated time and were set exparte. By judgment dtd. 9/3/2018, on appreciating the evidence let in by the plaintiff, the suit was decreed as prayed for.

(3.) The defendants then filed an application to condone the delay in filing the application to set aside the exparte decree and to revoke the judgment dtd. 9/3/2018. Both these applications were allowed on payment of costs. Thereafter, the defendants filed their written statement.