RATHINAMBAL Vs. P RAJASEKARAN

JUDGEMENT

(1.) AGGRIEVED against the order of dismissal passed in i. A. No. 1726 of 2004 in O. S. No. 158 of 2004 on the file of the District Munsif Court , Kangayam by the said District Munsif on 28. 2. 2005, the petitioner/plaintiff has filed this revision.

(2.) BRIEF facts leading to filing of this civil revision petition are to the effect that the said suit was filed for declaration of title in respect of plaint A schedule properties and for partition of plaint B schedule properties wholly based upon a registered Will said to have been executed by the mother of the plaintiff and defendants viz. Valliathal on 13. 11. 1995 and that while PW1 was examined in part, the plaintiff wanted to prove the Will by examining the attestors after issuing notice to the defendants to produce the original Will into Court and she filed the present i. A. for permission of the District Munsif to mark the xerox copy of the said will for the purpose of proving the signature of the Testatrix as well as attestors by examining the attestors of the Will on the ground that original will has been taken away by defendants 1 and 2 at the time of illness and last days of the Testatrix and it came to the knowledge of the plaintiff subsequently and that further inasmuch as the plaintiff has filed registration copy of the original Will, permission can be granted by the District Munsif to mark the xerox copy now produced at the time of filing of the said I. A. and allow her to examine the attestors, etc.