Indira v. K.Sarala and 4 Others
Case brief
What is this about?
The Madras High Court dismissed a testamentary original suit filed for granting probate of a will due to the plaintiff's persistent non-appearance throughout the hearing proceedings.
What did the court decide?
The testamentary civil suit is dismissed for non-prosecution. There shall be no costs of the suit.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION)
MONDAY, THE 4TH DAY OF APRIL 2022
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
TOS.No.37 of 2011 (O.P.No.392 of 2011)
In the matter of the Indian Succession Act XXXIX of 1925; and In the matter of the last Will and Testament of N.Subramaniam - Deceased
Indira No.1, White Lane, Whites Road Royapettah, Chennai- 600 014 ...Petitioner/ Plaintiff
vs 1.K.Sarala 2.Geetha 3.Pargavi 4.Deepa 5.Illayaraja (All residing at 2323, C.W.S. "A" Block, 3rd Main Road, Madhavaram, Chennai ...Caveators/Defendants Testamentary Original Suit praying that this Hon'ble Court be pleased that the petitioner may be allowed to prove the Will in common form and the probate thereof to have effect limited to the State of Tamil Nadu may be https://hcservices.ecourts.gov.in/hcservices/ granted to her.
Issues for consideration
1 issue framed by the court
Whether the testamentary suit for probate should be dismissed due to persistent non-appearance of the plaintiff.
Coram
V. Bhavani Subbaroyan
Case details
As recorded by the court registry
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