JUDGMENT

One of the main questions came up for consideration is with respect to the requirement of a replication in answer to a document relied on by the defendants in their written statement. A suit for partition was dismissed by the trial court on the ground that the beneficiary of Ext.A2 settlement deed was not made as a party to the suit and no challenge was raised either by amending the plaint or by submitting a replication against a Will relied on by the defendant. In appeal, the first appellate court set aside the decree and judgment of the trial court and allowed an amendment application to incorporate additional pleading denying the execution of Ext.B1 Will and remanded the matter back to the trial court, against which the defendant came up in appeal.

2. It is yet another example of delaying and defeating the administration of justice both in the hands of trial court and the first appellate court. Both the courts below had failed to appreciate the evidence adduced with respect to the due execution of Ext.B1 Will by examining one of the attesting witnesses as DW2. This would imply the meaning that the parties were well aware of the dispute involved in the suit and the documen