D F PHILIPS Vs. DAMAYANTHI KAILASAM

JUDGEMENT

(1.) .Common Order:These revisions are directed against the order dated 27.11.2007 in I.A.Nos.648 of 2007 and 658 of 2007 in O.S.No.386 of 2004 on the file of the learned Additional District Judge, (FTC-1) whereby and whereunder the application filed by the first respondent to reject the proof affidavit of D.W.1 and to proceed in accordance with law after eschewing evidence of D.W.1 was allowed (I.A.No.658 of 2007) and the application filed by the revision petitioner to direct the respondents to cross examine the witness Vishnudas as D.W.2 was dismissed. (I.A.No.648 of 2007).

(2.) THE facts:THE suit in O.S.No.210 of 1997 was filed by the first respondent before the Subordinate Judge, Chengalpat which subsequently renumbered as O.S.No.386 of 2004 on the file of the Additional District Judge, (F.T.C.No.1) Chengalpat.

(3.) WHILE so, the first respondent came to know that proceedings had been initiated before the High Court of Madras for grant of letters of administration in respect of a Will stated to have been executed on 8.5.1989 by the deceased Philips. The said Will was fabricated and as such, the first respondent objected to the grant of letters of administration and the petition was dismissed for default on 21.7.1994. Even though the petition was restored subsequently, the revision petitioner as per her application in A.No.3884 of 1996 requested the Court to return the original Will as she was no more interested in prosecuting the application for Letters of Administration. However, even after dismissal of the petition, there was no attempt made by the co-owners to render accounts of the property as well as its income which made the first respondent to file the suit for partition.