Abraham Samarendranath Sarkar v. Sadhu a.N.Sarkar Foundation
Case brief
What is this about?
Keywords: Madras High Court; Dr. Justice R.N. Manjula; 10-09-2025; A No. 2431 of 2025; A No. 2981 of 2025; A No. 2432 of 2025; TOS No. 23 of 2003; TOS No. 36 of 2006; Abraham Samarendranath Sarkar; Sadhu A.N.Sarkar Foundation; E.Nandakumar; A.N.Sarkar (decd); Sr.Sadham Hussain Alias Rajsin; reopening of evidence; subpoena; attesting witness; S. Jeevaraj; P. John / P. Jhon; will of Sadha A.N.Sircar dated 09.03.2002; PW.2; Order XIV Rule 8 Original Side Rules; Order XVI Rule 1 Original Side Rules; Section 151 CPC; cost Rs.3,000/-; Additional Master-II; appearance on 24.09.2025; testamentary suit; plaintiff's evidence closed but recording pending; applications allowed with cost.
What did the court decide?
All the applications were allowed: the plaintiff's evidence in TOS No. 36 of 2006 is to be reopened; a subpoena is ordered to be issued to the attesting witness S. Jeevaraj (will dated 09.03.2002); if S. Jeevaraj appears, there is no necessity to examine P. Jhon even if the summons is served on him; subject to payment of Rs.3,000/- cost to the respondent (recorded as paid); parties directed to appear before the Additional Master-II on 24.09.2025.