KUPPANNA GOUNDER Vs. R SIVAKAMI

JUDGEMENT

(1.) THE present Revision has been preferred by the petitioners, being aggrieved by the fair and decreetal order dated 8. 6. 1998 made in unnumbered I. A. of 1998 (SR. No. 1170 of 98) in O. S. No. 239 of 1986 on the file of the Subordinate Court , karur.

(2.) THE petitioners are the defendants 2 and 3 in the said original suit. THE respondent is the plaintiff in the said suit. THE parties to this Revision will be referred to as arrayed before the trial court. THE plaintiff instituted the suit O. S. No. 239 of 1986 against fourteen defendants for partition and separate possession of their 1/4th share and for other consequential reliefs. THE suit came to be instituted as early as 17th November 198 6. THE 3rd defendant had filed a written statement on 22. 12. 1991. THE 3rd defendant had also filed an additional written statement on 14. 11. 1997. It is not necessary to detail the case and counter case of either parties for the purpose of deciding this Revision Petition and it would be sufficient to mention that the contesting defendants put forward a Will executed by Palanimalai Gounder through and by which they resist the suit claim among other defences.

(3.) THE Court below without numbering the applications had rejected the same on the sole reasoning that till the commencement of trial, the 3rd defendant has not taken steps to produce the Will or to send the Will for expert opinion and that the petition is belated. In that view, the application has been rejected, when the applications are in order. This Court is unable to appreciate the rejection of the application without numbering the interlocutory applications on the ground of delay. THEre is no valid reason not to take up the applications on its file. It is not as if the applications are not maintainable.