P. GOWRILINGAM Vs. P. NESAMANI

JUDGEMENT

(1.) The arguments advanced on both sides are heard. The order of the court below and the materials produced in the form of typed set of papers are also perused.

(2.) The defendant in the original suit O.S.No.2883/2012 pending on the file of the XV Assistant Judge, City Civil Court, Chennai is the petitioner in the civil revision petition. The suit is one for partition filed by the respondent herein. The petitioner herein claims to have derived title to the suit property by virtue of a Will dated 18.02.1988 allegedly executed by late Mrs.Annammal w/o.Shanmugam. The revision petitioner claims title to the property based on the said will allegedly executed by Annammal, who became the sole legal heir of Shanmugam on his death. The petitioner herein/defendant, who relies on the will dated 18.02.1988, is not having the will in his possession. Of course he has taken steps to summon the original will from one Vasudevan, who is said to be having the original with him. But the said Vasudevan denied having the original will with him. Under the said circumstances, the petitioner herein/defendant made an attempt to lead secondary evidence in proof of the will, by producing a xerox copy of the alleged will.

(3.) The said attempt to lead secondary evidence in proof of the will, was resisted by the respondent herein/plaintiff on the premise that even the original will could not be received in evidence, as it is a will, which requires mandatory probate under Section 213 of the Indian Succession Act, 1925, as it is one that falls under sub clauses (a) and (b) of Section 57 of the Indian Succession Act, 1925.