O R D E R

First defendant in O.S.No.315 of 2012 on the file of the Sub Court, Tuticorin, has filed the present Civil Revision Petition challenging the order passed by the trial Court, wherein, permission has been granted to the plaintiff to mark a Xerox copy of an unregistered Will as a secondary evidence invoking Sections 65 and 66 of the Indian Evidence Act .

2. A perusal of the records reveal that the suit has been filed for the relief of declaration of title and permanent injunction. In paragraph No.4 of the plaint, the plaintiff has referred to the unregistered Will dated 26.09.2003, said to have been executed by one Ramasamy in favour of P.Palthurai. It is clear that the plaintiff is claiming title under this document.

3. When P.W.1 was in the box, he had filed the present application in I.A.No.6 of 2024 under Sections 65 and 66 of the Indian Evidence Act , seeking permission of the Court to mark a Xerox copy of the unregistered Will as a secondary evidence. In the said application, it is averred that one Ramasamy has executed a Will in favour of P.Paulthurai on 26.09.2003, who in turn has sold the property through his power agent. After changing many hands it has been reached