9911796707
TMI Blog2001 (1) TMI 1020X X X X Extracts X X X X X X X X Extracts X X X X ..... T.N. VALLINAYAGAM, J. 1. This Civil Revision Petition is preferred against I. A. Nos. 25 and 26 in O. S. No. 189/85 as suit for partition. 2. I. A. No. 25 is filed under Order 22 Rule 10 of CPC to bring on record the respondents- 1 (a to h) and I. A. No. 26 is filed under Order 22 Rule 9 of CPC to set aside the abatement of the suit. The Trial Court has allowed both the applications an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rust deed was also relied upon by the Trial Court and, ultimately both the applications were allowed. 4. Sri Tarakaram, Senior Advocate appearing for the petitioner's counsel Sri Narayan submitted that in the absence of proof of will and without any probate being granted, the respondents cannot be allowed to be brought on record. The will is executed in favour of the strangers and the will ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le to be interfered with. 7. The definition of legal representative under Section 2(11) of CPC reads as follows; Legal representative means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, its findings and reasons therefore, and the appellate Court may take the same into consideration in determining the question. 8. It is also seen that the order if passed after enquiry under Order 22 Rule 5 is not liable to be interfered with in revision under Section 115 of CPC has been considered by this Court in CRP No. 602/74 disposed of on 1-7-1974 and reported in Short Notes in (1975) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... title to property or decide such a person as an heir of the deceased or not. 10. The Trial Court has taken for the purpose of further prosecution of the case the respondents-1 (a to h) as LRs and there has been no decision under Will and validity thereof. It is always open to the petitioner to question the will or the right of the respondent to claim under the will. Making that positron clear t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
