A.B.Iniya Niranjan v. Mrs.G.Prema
Case brief
What is this about?
in T.O.S.No.23 of 2019 A.No.649 of 2023 in…
What the court decided
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A.No.649 of 2023 in T.O.S.No.23 of 2019
A.No.649 of 2023 in T.O.S.No.23 of 2019
N.SESHASAYEE.J.,
The plaintiff's son has died leaving behind a Will and it is now the subject matter of this testamentary original suit. The defendant is his son, born to the testator through his divorced wife. This application is taken out by the defendant to examine certain G.Natarajan, aged about 94 years on his side, and seeks his examination before commencement of trial. As the witness is about 94 years now, he also seeks appointment of a Commissioner for examination of this witness.
2.The plaintiff has filed her counter, wherein she contends that the testator and the defendant's mother have dissolved their marriage by mutual consent and as a package, the testator had paid a sum of some Rs.25,00,000/-. Another objection was that the witness has little to do with the cause of action in the suit. After all, at the end of the day, the burden is entirely on the plaintiff to prove the genuineness of the Will, and the role of the witness now proposed to be examined by the defendant is wrapped in mystery, submitted the counsel.
3.After weighing the rival submissions, this Court considers not to interfere with the defendant's right to examine the witness of his choice. After all, once the
1/2
Issues for consideration
2 issues framed by the court
Whether the defendant, in a testamentary suit, is entitled to examine a third party witness before the commencement of the trial?
Whether the court can interpose its own view to stop the defendant's right to lead rebuttal evidence despite the plaintiff's contentions?
Parties & counsel
- petitioner
The Plaintiff
- respondent
The Defendant
Coram
N.SESHASAYEE.J.
Case details
As recorded by the court registry
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