R. JANAKIRAMAN Vs. S. UMA RANI AND ORS.

JUDGEMENT

(1.) This memorandum of Civil Revision Petition has been directed against the fair and executable order dated 07.09.2015 made in I.A. No. 187 of 2015 in O.S. No. 83 of 2011 by the learned VI - Additional District Judge, Madurai.

(2.) The petitioner is the plaintiff and the respondents are the defendants. The petitioner filed a suit in O.S. No. 83 of 2011, for declaration of title based on the Will dated 24.04.1995, recovery of possession and partition of 1/5th share of gold ornaments and for permanent injunction. The respondents filed written statement and two additional written statements and contesting the suit. At the time of trial, the petitioner filed I.A. No. 187 of 2015 under Order 18 Rule 1 C.P.C. to direct the respondents/defendants to begin the case first on the ground that the burden of proof lies on the side of the respondents/defendants to prove the genuineness of the Will dated 11.11.1998, alleged to have been executed by their mother Kothai Nayagi.

(3.) According to the petitioner, he is claiming title over the property based on the registered Will dated 24.04.1995 executed by the mother of the petitioner and the respondents. The respondents admitted the Will dated 24.04.1995. But they are claiming right to the suit properties based on subsequent Will dated 11.11.1998 alleged to have been executed by their mother.