ARUMUGHAM PILLAI Vs. VALLIAMAL

JUDGEMENT

(1.) THIS is a petition directing against the order of the learned Dist. Munsif of namakkal In. I. A, No. 717 of 1955 in I. A. No. 336 of 1955, in O. S. No. 114 of 1955, for sending for through the clerk of the Sub-Registrar's Office, Velur, Book iii wherein a copy of the registered will dated 6-8-1935 executed by one S. P. Palaniappa Mudaliar (deceased) and his wife, Valliammal, is maintained in that office, for the purpose of an enquiry in the claim petition I. A. No. 336 of 1955.

(2.) THE learned District Munsif dismissed that application and hence this civil revision petition.

(3.) THE learned District Munsif rightly dismissed because under Section 57 of the indian Registration Act, which is the relevant provision which deals with registered wills and entries in Book III, persons other than the executant or his agent, are not entitled to get a copy of the registered will before the death of the executants. In this case, one of the executants of the will in question is alive. The invocation of section 46 was wholly irrelevant, and rightly disregarded.