R.Saikumar v. R.Ravinder
Case brief
What is this about?
Madras High Court, Application No.901 of 2025 in TOS.No.18 of 2008, C.SARAVANAN J, 09.04.2025. Strike-off application under Order XIV Rule 8 Original Side Rules r/w Order VI Rule 16 CPC 1908 seeking removal of Ex-P8 Will dated 24.05.2002 (also printed 24.05.2022), marked through PW-2 on 03.02.2025 before Additional Master-I. Dismissed: marking of an exhibit does not ipso facto confer admissibility; document marked subject to proof, relevancy and admissibility; defenses open to applicant / 2nd defendant at final hearing. Trial to continue before Additional Master-II from 09.06.2025. Testator: Rachaveti Soundari @ Jayalakshmi; attesting witness PW-1: Kanniah Naidu (deceased); PW-2 his son. Keywords: exhibit marking, admissibility, proof, relevancy, will, striking off, Original Side, interlocutory application.
What did the court decide?
Merely marking a document as an Exhibit in Court does not ipso facto make it admissible as evidence; the Court must still determine the document's proof, relevancy and admissibility under settled legal principles and rules of evidence.