The High Court dismissed the second appeal regarding the declaration of legal heirs. The court held that no legal injury existed to the appellant as the suit did not question a Will executed by the deceased. The matter was disposed of without merits.
Appeal dismissed at admission stage; no costs; connected miscellaneous petition closed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2022 CORAM: THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
S.A. No.872 of 2021 and C.M.P. No.16611 of 2021
Mories Antoine Danraj Son of late Iroudayadass, No.565, Bharathiar Road, Nehru Nagar, Karaikal.
..Appellant/1st Defendant Versus
Second Appeal filed under Section 100 of Civil Procedure Code, 1908, to set aside the judgment and decree dated 22.12.2020 made in A.S. No.02/2018 on the file of Subordinate Judge, Karaikal, confirming the judgment and decree dated 13.02.2018 made in O.S. No.401/2013 on the file of Principal District Munsif, Karaikal and allow the above second appeal.
For Appellant: Mr. M.V.Venkateseshan
JUDGMENT
Aggrieved by the judgment and decree in A.S. No.02 of 2018, passed by the learned Subordinate Judge, Karaikal, confirming the judgment and decree made in O.S. No.401 of 2013 passed by the learned Principal District Munsif, Karaikal, the appellant filed the above second appeal.
P.Iroudayadass S/o. Periyanayagam. There was no consequential prayer in the suit.
Court is not expected to conduct a roving enquiry about the proof or validity of Will set up by one of the party to lis in the present suit. It is open to a person claiming right under the Will or aggrieved by the Will to establish his right over the property of Iroudayadass, by filing a separate suit. Even if the other side files a suit for partition or claims absolute title or right, it is open to the party who relies upon the Will stated to have been executed by the father Iroudayadass, to raise any plea to substantiate his right under the Will. Absolutely there is no finding recorded against the appellant as regards the plea which he has raised in the written statement.
Sd/Assistant Registrar
//True copy//
Sub Assistant Registrar
bkn
To
Copy to
The Section Officer VR Section High Court, Madras 104.
+2 CCS to Mr. M.V.Venkateseshan, Advocate sr 7924.
S.A. No. 872 of 2021
MG(CO) SP(25/02/2022)
2 issues framed by the court
Whether a second appeal is maintainable where no substantial question of law arises regarding the declaration of legal heirs without adjudication on a Will.
Whether the trial court erred in granting a declaration of heirship without examining the validity of an alleged Will cited in the written statement.
1 provisions across 1 enactments
Mories Antoine Danraj
Victoria
Nambique Marie alias Vasuki
I.Pouline
M.Cleophas Mary
A.Rosaly
S.S.Sundar
Unknown
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
