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Madras High Court · body

2014 DIGILAW 4211 (MAD)

T. N. Palanisamy v. Lakshmi

2014-11-12

K.RAVICHANDRA BAABU

body2014
Judgment 1. Defendants 2 to 4 are the petitioners herein. They are aggrieved against the order made by the Trial Court in rejecting their application filed to sent for the registered Will dated 3.12.1984, registered as document No.31 of 1984, on the file of the Sub-Registrar Office, Chennimalai. 2. Heard the learned counsel appearing on either side and perused the documents made available before this Court. 3. It is the contention of the petitioners that they claim title to the property based on the Sale Deed executed by the first defendant, who in turn sold the same to the petitioners based on a registered Will executed by her husband on 3.12.1984. Therefore, the petitioners filed the application I.A.No.381 of 2014 to sent for the said document. 4. The Court below rejected the application by holding that it is the first defendant to prove the said Will, who on the other hand, remained ex parte and therefore, the application cannot be allowed at the instance of the petitioners. 5. The learned counsel for the petitioners submitted that the petitioners wanted the original Register from the Sub-Registrar Office, for the purpose of proving the signature found in the Will as only a certified copy was marked in the said suit. Therefore, he contended that the Court below ought to have allowed the application. 6. Perusal of the application filed by the petitioners before the Court below, more particularly with regard the particulars of the document, to be sent for referred to in the said application, it would reveal that the petitioners wanted only the registered Will dated 3.12.1984, registered as document No.31 of 1984 to be sent for and not the original Register of the Sub-Registrar Office, pertaining to the said Will dated 3.12.1984. 7. Therefore, I am of the view that the petitioners have wrongly referred to the document sought to be sent for in their application. Hence, this Civil Revision Petition is disposed of with liberty to the petitioners to file fresh application, seeking the production of the Register from the Sub-Registrar Office, Chennimalai with regard to the registered Will dated 3.12.1984, registered as document No.31 of 1984, before the Court below and if any such application is filed, it shall be considered and decided on merits in accordance with law, within a period of 30 days from the date of filing of such application. 8. 8. The Civil Revision Petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed.