The Madras High Court dismissed a civil revision petition challenging the Subordinate Judge's acceptance of an application for expert opinion on the date of a thumb impression on a will. The High Court held such opinion is scientifically impossible and set aside the order.
The order passed in I.A.No.155 of 2006 in O.S.No.95 of 2003 was set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P(MD)No.2481 & 2482 of 2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.10.2019
CORAM :
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P(MD) Nos.2481 and 2482 of 2008
In C.R.P.(MD) No.2481 of 2008:
1.P.Veera Perumal(Died) 2.P.Paramasivam(Died)
3.Subbammal
4.Muthupandiammal
7.T.Pragatheeswaran
8.Pandi Priya ... Petitioners
(Petitioners 3 to 5 were brought on record as lrs of the deceased first petitioner vide order dated 26.11.2014 made in M.P.No.3 of 2014)
(Petitioners 6 to 8 and R16 were brought on record as lrs of the deceased second petitioner vide order dated 16.07.2019 made in C.M.P.No.5780 of 2019)
Vs.
8.Jaya
1/5
C.R.P(MD)No.2481 & 2482 of 2008
13.Krishnaveni 14.Pandi Selvi 15.Jegathesan @ Jegatheeskumar 16.Pragadeswari
... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the order passed in I.A.No.155 of 2006 in O.S.No.95 of 2003 on the file of the Sub Court, Virudhunagar dated 01.08.2008.
For Petitioner : Mr.A.Sivaji For R1 : Mr.T.Lajapathi Roy For R2 to R15 : Given up For R16 : No appearance
In C.R.P.(MD) No.2482 of 2008:
1.P.Veera Perumal
2.P.Paramasivam
3.Subbammal
4.Muthupandiammal
5.Karuppasamy
6.Rajalakshmi
7.T.Pragatheeswaran
8.Pandi Priya ... Petitioners
(Petitioners 3 to 5 were brought on record as lrs of the deceased first petitioner vide order dated 26.11.2014 made in M.P.No.3 of 2014)
(Petitioners 6 to 8 and R2 were brought on record as lrs of the deceased second petitioner vide order dated 16.07.2019 made in C.M.P.No.5781 of 2019)
Vs.
1.Pandiammal 2.P.Praghtheeswari ..Respondents
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the order passed in unnumbered I.A (Diary No.4242 of 2008) in O.S.No.95 of 2003 on the file of the Sub Court, Virudhunagar dated 01.08.2008.
2/5
C.R.P(MD)No.2481 & 2482 of 2008
For Petitioner : Mr.A.Sivaji
For R1 : Mr.T.Lajapathi Roy For R2 : No appearance
C O M M O N O R D E R
The Civil Revision Petitions are filed by the defendants 1 and 3 challenging the order passed in I.A.No.155 of 2006 and another unnumbered I.A in O.S.No.95 of 2003 by the Subordinate Court Virudhunagar.
5.In fine, C.R.P.(MD)No.2481 of 2008 is allowed and C.R.P(MD) No.2482 of 2008 is closed. No costs.
3/5
C.R.P(MD)No.2481 & 2482 of 2008
Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar (CO) // True Copy //
Sub Assistant Registrar(CS)
CM TO THE SUBORDINATE JUDGE, VIRUDHUNAGAR COPY TO THE SECTION OFFICER, VR SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI-2COPIES +1 CC to M/s.A.SIVAJI, Advocate ( SR-91955[F] dated 15/10/2019 ) +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-92648[F] dated 17/10/2019 ) C.R.P(MD) Nos.2481 and 2482 of 2008
15.10.2019
KM/(25.10.2019) 4P 6C
4/5
3 issues framed by the court
Whether the Subordinate Court erred in accepting expert opinion on thromb impression date made on a disputed will.
Whether the Secondary Civil Revision Petition challenging the same interim order deserves to be heard.
Whether expert opinion can determine if a thumb impression was affixed during lifetime or post-mortem.
P.Veera Perumal
P.Paramasivam
Subbammal
Pandiammal
P.Praghtheeswari
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
