PONNAMMAL AND OTHERS Vs. CHINNAPONNU AND OTHERS

JUDGEMENT

(1.) According to the petitioner, the respondents have filed a suit in O.S.No.71 of 2011 for partition and permanent injunction against the petitioners herein. In the suit, evidence of both side closed and the case is posted for arguments. At this stage, the present application in I.A.No.384 of 2017 has been filed by the defendants to reopen the case for examination of the witness to prove the Will, dated 24.3.2004. Counter affidavit has been filed by the plaintiffs/respondents by stating that after concluding the evidence of both side, nearly after two years, the instant application has been filed. The trial court dismissed the said application. Therefore, the petitioner has preferred the present Civil revision petition before this court.

(2.) According to the petitioner, due to oversight, attesting witness of the Will was not examined by the defendants and therefore, the petitioners seek an opportunity to prove the genuineness of the Will in the partition suit. The court below erroneously dismissed the application and the same is liable to be set aside.

(3.) Per contra, the learned counsel for the respondents would submit that at the fag end of the trial, in order to protract the trial, the present application has been filed by the petitioner with inordinate delay and the delay is not properly explained in filing the application. Therefore, the court below has rightly dismissed the said application.