D.RAJAGOPAL Vs. S.JEYAPRAKASH

JUDGEMENT

(1.) This Application has been filed by the 2nd defendant in T.O.S.No.10 of 2023 under Order II Rule 3 of Original Side Rules read with Ss. 7 and 11 and Article 11(k) of Tamil Nadu Court Fees and Suit Valuation Act, 1935 and read with Sec. 151 CPC seeking a direction to conduct an enquiry to determine the actual market value of the estate of late V.Alameluammal as prevailing on the date of registration of O.P.No.715 of 2013 into a Tetstamentary Original Suit in T.O.S.No.10 of 2023 and direct the plaintiff to pay appropriate Court fees, failing which to dismiss the suit in case of nonpayment of such appropriate Court fees.

(2.) Even before examining the affidavit filed in support of the Judges Summons, it must be stated that, O.P.No.715 of 2013 had been filed by the 1st respondent herein S.Jayaprakash under Ss. 232 and 276 of Indian Succession Act, 1925 seeking grant of Letters of Administration with respect to a Will dtd. 29/1/2010 said to have been executed by V.Alameluammal who died without any children born to her on 10/6/2011. In the Original Petition, there were initially 17 respondents. Later, respondents 18 - 56 were impleaded by order dtd. 27/10/2022 in A.No.1028 of 2021. Subsequently, the Original Petition was converted as a Testamentary Original Suit in T.O.S.No.10 of 2023. The applicant herein was impleaded by order dtd. 20/10/2023 in A.No.3280 of 2023 as the 2nd defendant. There was yet another defendant impleaded as the 3rd defendant in A.No.2437 of 2024 by order dtd. 11/6/2024.

(3.) It must also be stated that yet another Original Petition in O.P.No.377 of 2012 had been filed seeking Letters of Administration with Will dtd. 21/6/2024 also said to have been executed by V.Alameluammal. That Original Petition had been filed by the 2nd respondent herein, M.Subbiah. That Original Petition has been converted as T.O.S.No.44 of 2012 and the same is also pending.