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1991 Supreme(Mad) 740

PADMINI JESUDURAI
Velu – Appellant
Versus
Madathi – Respondent


Appearing Advocates:S. Udayakumar, Vijayakumari Natarajan, Advocates.

Judgment :-

This revision is filed against the order of the Additional Sessions Judge, Tirunelveli, reversing the order passed by the learned Magistrate under S.13 (3) of the Registration of Births and Deaths Act, 1969 and directing registration of the death of M. Subramaniam in the Register of Births and Deaths.

2. The respondent is the daughter of the late M. Subramaniam and the petitioner is the son of Thoondil, the elder brother of M. Subramaniam. The death of Subramaniam had not been registered under the Registration of Births and Deaths Act 1969 (the Act, for short) and since an extract from the Register of Deaths maintained under the Act was necessary for the the respondent in the civil litigations between heir and the petitioner, she filed an application in Crl. M. P. 223087 under S. 13(3) of the Act in the Court of the Sub-Divisional Judicial Magistrate, Sengottai. According to the respondent the date of death of her father M. Subramaniam was 15-8-1957. The learned Magistrate caused publication to be made for objections and the petitioner, disputing the date of death entered appearance and contested the issue. According to the petitioner, the said M. Subrammaniam died in 19













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