A.D.JAGADISH CHANDIRA
Periyasamy – Appellant
Versus
Soliammal – Respondent
ORDER :
The revision has been filed against the order passed in I.A.No.291 of 2016 in O.S.No.251 of 2013 on the file of the I Additional District Judge, Erode.
2. The revision petitioner is the defendant. The plaintiff and defendant are siblings.
3. For the purpose of convenience, the parties are referred as they are arrayed in the Original Suit.
4. Brief facts of the case leading to filing of the civil revision petition is as under:-
(i) The plaintiff filed the suit for partition in respect of the suit properties, which, according to the plaintiff are both ancestral and self acquired properties of her father, who died intestate.
(ii) The defendant had filed a written statement denying the averments of the plaintiff and contended that his father Nallappa Gounder, during his life time, on 27.1.2000, executed a Will in his favour while he was in a sound and disposing state of mind.
(iii) The plaintiff filed a reply statement denying the execution of the Will in favour of the defendant.
(iv) The Trial Court framed issues and when the matter was taken up for trial, the plaintiff had filed I.A.No.291 of 2016 under Order XVIII Rule 1 and Section 151 CPC directing the defendant to begin with the
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