JOTHI Vs. KUMARAVEL

JUDGEMENT

(1.) 1. Aggrieved by the dismissal order of the learned Subordinate Judge, Nammakkal, filed by the revision petitioners/plaintiffs under Order 6, Rule 17 C.P.C. seeking permission to amend the Plaint, this revision is filed.

(2.) THE brief facts of the case are as follows:

(3.) AS regards the applicability of amended Section 6 of the Hindu Succession Act, 1956 or Section 29-A of the Tamil Nadu Amendment Act 1 of 1990, whether the Tamil Nadu Act 1 of 1990 has been repealed by the Central Act 35 of 2005 or not, or whether the succession is intestate succession or succession by survivorship, and at the time of coming into force of the Central Act whether the revision petitioners were already married and by virtue of the same whether they are debarred from claiming equal share in the coparcenary property are all questions to be decided during the course of trial by letting in evidence both oral and documentary.