A.AANDISAMY CHETTIAR Vs. A.SUBBURAJ CHETTIAR

JUDGEMENT

(1.) This revision is directed against the order passed by the Sub Court, Virudhunagar in I.A.No.3 of 2008 in A.S.No.55 of 2007.

(2.) The petitioner instituted a suit in O.S.No.92 of 2003 before the District Munsif Court, Virudhunagar against the respondent for permanent injunction. After contest, the suit was dismissed on 05.02.2007. Aggrieved over the Judgment and Decree, the petitioner preferred an appeal in A.S.No.55 of 2007 before the Sub Court, Virudhunagar. In the appeal, the petitioner filed an application in I.A.No.3 of 2008 under Order 26 Rule 10(A) and Section 151 C.P.C., for expert opinion of the Will, which was marked as Ex.A.4.

(3.) Originally, the application was allowed. The respondent challenged the order before this Court in C.R.P(MD)No.1787 of 2008. This Court having found that the petitioner had not availed his opportunity before the trial Court, reversed the order of the Appellate Court. The petitioner challenged the order before the Apex Court in C.A.No.14055 of 2015. The Supreme Court set aside the order passed in the revision and remanded the case for fresh disposal. The relevant portion of the order is extracted below:-