S SANKARA SUBRAMANIAN Vs. S BALAMMAL(DECEASED)

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the order passed by the learned Principal Subordinate Judge, Tenkasi in I.A.No.296 of 2016 in I.A.No.149 of 2007 in O.S.No.31 of 1985 dated 06.09.2016.

(2.) The facts of the case are that the second respondent herein, as plaintiff, has instituted a suit in O.S.No.31 of 1985 against the petitioner herein as well as other respondents, seeking the relief of partition. In the said suit, all the parties have filed a compromise memo, based on which, a preliminary decree was passed on 29.06.1985. Thereafter, on 04.12006, Balammal, one of the co-sharers died and therefore, the petitioner herein has filed an interlocutory application in I.A.No.149 of 2007 for supplemental decree to redistribute the share of the said Balammal to other sharers.

(3.) In the said proceedings, the respondents came out with the surprise of an alleged will executed by Smt.S.Balammal deposited at the District Registrar, Virudhunagar. The said deposited will was marked by the respondents as Exs.R25 and R26, in which, there is a reference of an earlier will of Smt.S.Balammal on 16.02.1998 deposited at District Registrar, Virudhunagar. Hence, the petitioner filed I.A.No.296/2016 in I.A.No.149/2007 in O.S.No.31 of 1985 for summoning of the said will dated 16.02.19998 deposited at the office of the District Registrar, Virudhunagar. The said I.A.No.296/2016 has been filed by the petitioner through his power of attorney S.Sabariperumal. In the said I.A.No.296/2016, the respondents filed counter. After hearing the submissions made by the petitioner as well as respondents, the lower Court passed an order dated 06.09.2016 dismissing the petitioner's application in I.A.No.296/16 for summoning of will dated 16.02.1998, against which, the present revision petition has been filed.