MANI GOUNDER Vs. R M KUPPAN

JUDGEMENT

(1.) PETITION filed under Article 227 of the Constitution of India against fair and decretal order dated 30.01.2008 passed in I.A.No.126 of 2008 in O.S.No,6 of 2001 on the file of District Munsif Court, Madurantakam.) The revision petitioners/respondents/defendants have filed this civil revision petition as against the order dated 30.01.2008 in I.A.No.126 of 2008 in O.S.No,6 of 2001 passed by the District Munsif Court, Madurantakam in allowing the application filed by the respondent/petitioner/ plaintiff praying for permission to file the xerox copy of the registered Will available with him dated 04.03.1978 in favour of Sambandam and to grant permission to mark the same etc.

(2.) THE trial Court, while passing orders in I.A.No.126 of 2008, has inter alia observed that 'in order to prove the case of the respondent/petitioner/plaintiff since the original Will has not been filed and that in the absence of the same, the xerox copy of the said Will can be taken into account as secondary evidence and in that view of the matter, has granted permission to recall P.W.1 and to mark the document and accordingly, allowed the application without costs.'

(3.) ON a careful consideration of respective contentions, this Court is of the considered view that the document in question can be received by the trial Court subject to proof and relevancy and in that view of the matter, it is always open to the revision petitioners/respondents/defendants to raise such form of objection which is known to law before the trial Court and they can seek appropriate remedy thereto and with these observations, the Civil Revision Petition is disposed of, leaving the parties to bear their own costs.