A SARASWATHY Vs. SUNDARESAN

JUDGEMENT

(1.) THE Revision Petitioner herein is the plaintiff in Suit in O.S.No.94 of 2004 on the file of the learned District Munsif, Pollachi. THE petitioner/plaintiff has filed O.S.No.94 of 2004 praying for a Judgment and Decree against the defendants to the effect that she is the absolute legatee of the suit property of the last and latest Sill dated 18.06.1978 of Vasuvammal.

(2.) THE First Respondent/First Defendant has filed written statement before the Trial Court inter alia stating that the suit is barred under the legal principle of resjudicata and that the plaintiff is totally stranger and she cannot claim any right to the property and the suit is vexatious one and further that the point in issue was already decided and confirmed in O.S.No.282 of 1938 and O.S.No.13 of 1968 and as such the Revision Petitioner/Plaintiff is estopped from reagitating the issue in view of her filing the suit in O.S.No.13 of 1968 and suffering a decree of dismissal.

(3.) AFTER contest, the Trial Court has come to a conclusion among other things observed that "the evidentiary value and evaluation is important and that evaluation of the evidence is left within the domain of the presiding officer" and resultantly allowed the application without costs.