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2018 Supreme(Mad) 1829

T.RAVINDRAN
Nachimuthu Gounder (deceased) – Appellant
Versus
Umamaheshwari – Respondent


Advocates Appeared:
For the Appellant : Mr. P. Valliappan
For the Respondent: Mr. P. Anbarasan

JUDGMENT:

In this second appeal, challenge is made to the judgment and decree dated 18.03.2015 passed in A.S.No.11 of 2014 on the file of Second Additional District and Sessions Court, Tirupur, confirming the fair and decretal order dated 28.03.2014 passed in I.A.No.735 of 2013 in O.S. No.45 of 2013, on the file of Subordinate Court, Tirupur.

2. The second appeal has been admitted on the following substantial questions of law.

(a) Whether the courts below are correct in law in invoking the provisions of Order 7 Rule 11 of the Code of Civil Procedure overlooking the fact that reasons for which plaint was sought to be rejected, are all matters warranting a full-fledged trial and not enough to reject the plaint ?

2. When the vendor of the appellants viz. D. Rathinamani had been clearly acquitted by the Division bench of this Hon'ble Court, are the courts below correct in law in proceeding on the erroneous footing that the vendor of the appellants is a murderer, based only on the verdict rendered by the Magistrate, which had been subsequently set aside by this Hon'ble Court ?

3. When the provisions of Sections 25 and 27 of the Hindu Succession Act, 1956 can be invoked only if it is proved t











































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