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2013 Supreme(Mad) 1221

R.S.RAMANATHAN
S. Krishnamurthy – Appellant
Versus
Poubalane – Respondent


Advocates Appeared:
For the Petitioner:T. Dhanasekaran, Advocate.
For the Respondents:R1, D. Ravichander, Advocate.

JUDGMENT

1. The first defendant in O.S.No.17 of 2011 on the file of the II Additional District Judge at Pudducherry is the revision petitioner.

2. The first respondent herein filed the above suit for declaration that he is the legitimate son of the deceased Krishnasamy Gounder and Adhilakshmi or alternatively, if for any reason this Hon'ble Court considers that he is not the legitimate son, he may be declared as illegitimate son of Krishnasamy Gounder and to pass a preliminary decree and allot half share to the plaintiff and half share to the defendants.

3. In that suit, the revision petitioner filed an application under Order XIV Rule 5 CPC to frame additional issues as stated in the petition and that application was partly allowed and the issues were re-cast by the Court below. Aggrieved by the same, this revision is filed.

4. It is submitted by Mr. T. Dhanasekaran, the learned counsel for the revision petitioner that having regard to the prayer, prayed for by the first respondent/plaintiff to declare himself as legitimate son or illegitimate son of the deceased Krishnasamy Gounder and Adhilakshmi, the civil Court has no jurisdiction to decide that issue as per section 7(1) r/w 8





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