MOHAMMED IBRAHIM Vs. JUNAITHA BEGAM

JUDGEMENT

(1.) This revision has been filed seeking for a direction to set aside the order made in I.A.No.6 of 2011 in S.O.P.No.1 of 2008, dated 22.6.2011, on the file of the District Munsif Court, Thiruvaiyaru.

(2.) The first respondent herein filed the above S.O.P.No.1 of 2008 for issuance of Succession Certificate for the amount mentioned in the schedule in Savings Bank Account and Fixed Deposits lying with Indian Overseas Bank, Kalyanapuram Branch in favour of the Petitioner. At the time of filing filing of the above S.O.P, in the schedule, the petitioner has mentioned that the amount available with the second respondent herein/third respondent/Bank will be given after ascertaining it. Thereafter the present application in I.A.No.6 of 2011 has been filed for amending the original S.O.P to include the details of the amount lying in the bank deposit of the third respondent/bank. The said application was allowed by the trial Court.

(3.) A counter statement has been filed by the revision petitioners wherein it is stated that the mother of the petitioner has deposited amount with the third respondent/Bank, appointing the first and second respondent as nominees and after the death of the petitioner's mother, on production of death certificate, after observing the formalities of the bank, the amount will be disbursed to the nominees and prayed for dismissal of the said petition and therefore, filing of amendment application is not maintainable.