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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Palanisamy – Appellant
Versus
N.Valliammal @ Vellaiammal – Respondent
| Table of Content |
|---|
| 1. right to lead evidence in partition suits based on alleged family arrangements. (Para 1 , 4 , 10) |
| 2. judicial rights under cpc regarding leading evidence and burden of proof. (Para 2 , 12 , 13 , 16) |
| 3. plaintiff's obligation to prove entitlement to shares in partition cases. (Para 3 , 5) |
| 4. recognition of co-ownership and the need for evidence regarding family arrangements. (Para 7 , 8 , 11) |
| 5. court's discretion regarding the order of presenting evidence. (Para 15) |
ORDER
This revision petition has been filed by the 1st defendant in O.S.No.214 of 2016, challenging the order in I.A.No.7 of 2024, permitting the 1st respondent to begin and by directing the plaintiffs to adduce evidence thereafter.
2.I have heard Mr.N.S.Suganthan, learned counsel for the petitioner and Mr.N.Mayilsamy, learned counsel for the respondents 1 and 2.
3.The learned counsel for the revision petitioner would submit that the suit is one for partition and by way of defence, the revision petitioner had pleaded that there was an oral family arrangement in the family in respect of the suit schedule properties and the properties were already divided in terms of the said family arrangement. In view of the
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