SABARI FOUNDATION Vs. KALIAMMAL

JUDGEMENT

(1.) These Civil Revision Petitions are filed challenging the Common Order passed by the learned Additional District Munsif, Poonamallee in I.A.Nos.977 and 978 of 2013 in O.S.No.446 of 2000 dated 19.09.2013.

(2.) The petitioner, in the present Revision Petitions is the 6th defendant in the suit. O.S.No.446 of 2000 was filed by the respondents 1 and 2 before the learned District Munsif, Poonamallee for the relief of declaration and possession of the properties described in the schedule to the plaint. P.W.1, Hemavathy was examined by the trial court and subsequently, I.A.No.978 of 2013 was filed by the respondents 1 and 2 to recall the witness. The reason set out in the accompanying affidavit filed in support of the said Interlocutory Application is that father of Hemavathy had executed a 'Will' on 9th March 1995 bequeathing 49 cents of land out of the total extent of One Acre and Fifty Cents situated in Irulapalayam Village. The contention was that the said 'Will' was mixed up with other papers and while searching the old papers, P.W.1, Hemavathy was able to trace out the said Will and therefore, the petition to recall the evidence of P.W.1 was filed to mark the said Will dated 9th March 1995, which is in favour of P.W.1.

(3.) The petitioner / 6th defendant objected the recalling of P.W.1, however, the trial court, considering the facts and circumstances allowed the Petition on 19th September 2013. Challenging the same, the present Revision Petitions are filed.