ORDER: The above civil revision petition is filed under Sec.115 of the Civil Procedure Code and directed against the order of the Court of the District Munsif, Thiruppur dated 17.7.2000 and made in E.A.No.121 of 2000 in E.A.No.19 of 2000 in E.P.No.72 of 1996 in O.P.No.256 of 1973.The facts of the case leading upto the filing of the above revision petition are as follows: The petitioner herein Subbian, and one Rengasami are brothers and sons of one Muthusami Naicker, who had four daughters besides the abovesaid two sons. Kannammal, one of the daughters is the mother of Siva Kumar, the respondent herein. Muthusami Naicker died on 21.3.1973.Subbian filed a suit in O.S.No.256 of 1973 on the file of the Subordinate Judge of Thirupur, for partition. The preliminary decree was passed. It was followed by the passing of the final decree on 10.2.1993 by compromise. It seems, there was no appeal against the said decree, obviously,because the said decree was one of compromise. The petitioner Subbian, got his properties as per the decree and sold some of them. Similarly the sisters of the petitioner herein, also got their property as per the decree and dealt with them in their own name and title .The said Rangasami filed E.P.No.72 of 1993 for delivery of possession of the properties as per the decree and ultimately, possession was taken through court on 21.10.1998. In the mean time, the two sons of the petitioner herein, Venkatachalam and Marappan, filed a suit in O.S.No.534 of 1994 for partition of the very same properties all over again, impleading the petitioner herein, Rangasami, and other sisters, who were all arrayed as defendants in the suit in O.S.No.256 of 1973, bringing out the case of ancestorality of the property and their share in them. It is pertinent to state that in the suit filed by the sons of the petitioner, i.e., in O.S.No.534 of 1994, the properties which fell into the share of the petitioner herein which has been sold by him, subsequently, was not included for partition. It is the further case of the respondent, herein that on 22.10.1998, immediately after taking possession of the property, which are agricultural lands, on 21.10.1998, the said Rangasami executed a registered Will, bequeathing the suit properties to the respondent. While so, the two sons of the petitioner who filed O.S.No.534 of 1994 filed a transfer petition in E.P.No.72 of 1993 for transfer of the E.P. to the Sub Court, Thiruppur for hearing it with the O.S.No 534 of 1994. It was dismissed by the E.P. Court. However on revision, the High Court permitted the transfer which was later set-aside by the Supreme Court in Civil Appeal No.6725 of 1999 on 18.9.1999. While that being so, the said Rangasami became ill on 26.11.1999 and died on 3.12.1999 at Sri Ramakrishna Hospital, Coimbatore. Thereupon, the respondent came to know about the Will in his favour through one Saravanan, who propounded the Will. After gathering particulars about the Will, the respondent herein filed E.A.No 19 of 2000 in E.P.No 72 of 1993 to implead him as 3rd party petitioner. In the said petition, one Saravanan and Palanisami, who are the attesting witnesses of the Will, were examined as witnesses on behalf of the respondent herein and they spoke about the execution of the Will by Rangasami. The respondent, the legatee, who has admitted the said Rangasami in the hospital, wanted to give his evidence, which was stoutly objected to,by the petitioner herein. Hence, the respondent filed a petition in E.A.No.121 of 2000 seeking permission of the court to permit him to adduce evidence under O.18, Rule 3-A of the Civil Procedure Code. In the affidavit filed in support of the above petition, the respondent averred that the said Rangasami filed the above execution petition for delivery of possession and delivery was taken in pursuance of the order of the E.P. Court. Meanwhile, the said Rangasami died on 3.12.1999. It appears that he has executed a registered Will and last testament in his f

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