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2016 Supreme(Mad) 3644

PUSHPA SATHYANARAYANA
V. Padmanabha Kulasekara Doss @ P. K. Doss – Appellant
Versus
V. Sridharan – Respondent


Advocates Appeared:
For the Applicant :Audiseshan, Advocate
For the Respondent:J. Sundarakanchani, Advocate

JUDGMENT :

(Prayer: Applications filed under Order XIV Rule 8 of O.S. Rules r/w Order VI Rule 17 of the Code of Civil Procedure seeking permission to make the following amendments to the additional written statement, viz.,

(i) Application No.8172 of 2014 - to add the following amendment as para No.12 of the additional written statement, viz., the plaint should be rejected, in view of the fact Letters of Administration were issued by this Court vide its judgment dated 15th June 2010 in TOS No.34 of 2005 to the plaintiff for administering of all the legacies mentioned in the Will and the plaintiff ought to have sought for administration of all the legacies as ordered in the Will and not for the legacy conferred on the plaintiff alone",

(ii) Application No.8173 of 2014 - to add the following amendment as para No.13 of the additional written statement, viz., the cause of action as stated in the plaint be not treated as cryptic as it fails to comply with Order VII Rule 11(a) of CPC, since the actual measurement in respect of the suit property being only 80 feet North to South and to give effect to legacies as per the Will 82.5 feet is required in North to South, which does not exist.

(iii)




























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