S SWAMINATHAN Vs. S DHANUSHKODI

JUDGEMENT

(1.) The plaintiff in the original suit O.S. No. 3643 of 2015 pending on the file of XV Assistant Judge, City Civil Court, Chennai is the petitioner in the present revision preferred under Article 227 of the Constitution of India. The matter stands listed today for admission. The arguments advanced by Mr. S. Rajesh, learned counsel for the petitioner are heard. Certified copy of the impugned order of the learned trial Judge dated 01.03.2016 and copies of the other documents produced in the form of typed-set of papers are also perused.

(2.) The above said suit came to be filed for a declaration that a registered partition deed dated 09.06.1998 bearing Document No. 1441 of 1998 in the Register of the Sub-Registrar, Royapuram, Chennai is null and void and a permanent injunction against the first respondent/first defendant from selling, encumbering or mortgaging any part of the said property to third parties. The suit is being contested by the first respondent/first defendant. The plaintiff, who is the petitioner herein, submitted his proof affidavit to be recorded as his evidence in chief examination. The proof affidavit contains a schedule containing 16 documents to be marked as exhibits on his side. It included a certified copy of a registered Will dated 09.06.1971 bearing Document No. 24 of 1971 and a certified copy of the another registered Will dated 28.02.1973 bearing Document No. 23 of 1973. It also included originals of some other documents, mere copies of some other documents and a xerox copy of the Aadhar Card of the petitioner/plaintiff. The first respondent/defendant did not take any objection regarding the marking of the documents provided in the list excepting the Document Nos. 2 and 3, which are certified copies of the Registered Wills referred to above.

(3.) The learned trial Judge, sustained the objection raised by the first defendant and did not allow the petitioner/plaintiff to mark those two documents as exhibits as they were Wills executed within the original jurisdiction of the Madras High Court and neither probate of the Will nor Letters of Administration with the Will or copy of the Will annexed came to be obtained.