Pon Sumathi, v. Vellaisamy
Case brief
What is this about?
Appeal against dismissal of a partition suit where trial court upheld a Will and cited non-joinder. High Court remanded to fix non-joinder issues post-demise and re-evaluate evidence regarding the Will.
What did the court decide?
Impugned judgment and decree set aside; matter remanded to Trial Court with liberty to amend pleadings.
What the court decided
A.S.(MD).No.141 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.01.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN
A.S.(MD).No.141 of 2016 and C.M.P.(MD).Nos.9491 and 9492 of 2016
1.Pon Sumathi 2.Pon Sangeetha .. Appellants/Plaintiffs Vs. 1.Vellaisamy 2.Bharathi 3.Jeyamani .. Respondents/Defendants
PRAYER: Appeal Suit filed under Section 96 r/w Order 41 Rule 1 and 2 of Civil Procedure Code, against the judgment and decree dated 21.12.2012 passed in O.S.No.64 of 2010 on the file of 2nd Additional District Court, Tuticorin.
For Appellants : Mr.M.P.Senthil For R-1 & R-2 : Mr.G.Prabhu Rajadurai For R-3 : No appearance
Page 1 of 6
Issues for consideration
3 issues framed by the court
Whether non-joinder of necessary parties due to demise of a plaintiff bars the partition suit.
Whether the Will marked as Ex.B8 can be relied upon to decide the suit for partition.
Whether the Trial Court improperly appreciated the Will in deciding the issue.
Parties & counsel
- appellant
1.Pon Sumathi 2.Pon Sangeetha
- respondent
1.Vellaisamy 2.Bharathi 3.Jeyamani
Coram
G.JAYACHANDRAN
Case details
As recorded by the court registry
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