Allowed

R.Parthasarathy v. N.Mannamal

Madras HC6 Feb 2017A/598/2017

Case brief

AI extract

What is this about?

In a testamentary jurisdiction suit concerning a deceased man's Will, the applicant sought permission to examine an attesting witness before presenting their own evidence. The court allowed this application, finding no impediment, despite the respondent's citation of CPC provisions regarding witness examination order.

What did the court decide?

Permission granted to examine the attesting witness of the Will before the plaintiff is examined.

R.Parthasarathy Vs N.Mannamal — Succession and Inheritance | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(TESTAMENTARY AND INTESTATE JURISDICTION)

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MONDAY, THE 6TH DAY OF FEBRUARY 2017

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THE HON'BLE MR.JUSTICE N.SATHISH KUMAR

A.No.598 of 2017

TOS.No.1 of 2016

In the matter of Indian Succession Act,XXXIX of 1925,

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and

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In the matter of the Last Will & Testament of Mr.G.Ramasamy (Deceased)

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R.Parthasarathy

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Son of Late G.Ramasamy New No.13, 25th Street, 5th Sector, K.K.Nagar,

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Chennai-600 078. ...Plaintiff/ Applicant

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N.Mannammal

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W/o.P.Nagarajan A.P.No.892, 61st Street 10th Sector, K.K.Nagar

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Chennai-600 078. ...Respondent/Defendant

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Application praying that this Hon'ble Court be pleased to grant permission to the Applicant/Plaintiff to examine Mr.T.P.Sadasivan, the attesting witness of the Last Will and Testament dated

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13.12.2000, left by the Applicant/Plaintiff's late father

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Mr.G.Ramasamy before examining the Applicant/Plaintiff as a witness in T.O.S.NO.1 of 2016 on the file of this Hon'ble Court.

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This application coming on this day before this court for hearing the court made the following order:

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This application is filed to grant permission to the applicant/plaintiff to examine Mr.T.P.Sadasivan, the attesting witness of the last Will and testament dated 13.12.2000, left by the applicant/plaintiffs late father Mr.G.Ramasamy before examining the applicant/plaintiff as a witness in TOS No.1/2016 on the file of this Hon'ble Court.

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The learned counsel for the respondent stated that the application is not valid one and opposed the said application and reiterated the CPC in examining the witness before the evidence of the plaintiff. As Order XVIII rule 3A CPC contemplate to obtain the orders of the Court before examination of witness before the party letting his evidence.

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This Court finds there is no impediment in permitting the applicant to examine the said attesting witness of the Will before examining the plaintiff. Hence, I inclined to allow this application.

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Registry is directed to list the suit before the learned

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Additional Master III on 17.02.2017 for examining attesting witness of the Will.

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Sd/.N.S.K.J 06.02.2017 //Certified to be a true copy// Dated this the day of 2017. MD/10.02.2017 COURT OFFICER

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From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

R.Parthasarathy v. N.Mannamal

Case brief

What is this about?

What did the court decide?

R.Parthasarathy v. N.Mannamal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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