IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.Thamilselvi, J
Karuppanna Gounder @ Karuppasamy (Deceased)1.Muthu – Appellant
Versus
Minor Tharunika – Respondent
| Table of Content |
|---|
| 1. whether a will needs expert opinion after written statement admission. (Para 2 , 3 , 4) |
ORDER
Challenging the impugned dated 20-02-2026 made in IA.No.9 of 2025 in OS.No.67 of 2022 on the file of the Sub Court, Kangeyam, the defendant has preferred this revision.
2. The plaintiff has filed an application before the trial court, to send the Will dated 16.11.2017 in Ex.B1 relied by the defendant to obtain the expert opinion. The said application was allowed by the trial judge by holding that the said Will was admitted by one of the testator / first defendant while he was alive by filing written statement. In such circumstances, the Will need not be sent for expert opinion. Aggrieved over the same, the plaintiff in the Suit has filed this revision petition.
3. The learned counsel for the revision petitioner submits that since the Will was already admitted by one of the testator, it does not require further proof. Therefore, the court below erroneously allowed the application to be sent for expert opinion.
4. On seeing the fact it reveals that the plaintiffs / respondents have filed the Suit for partition and other reliefs against the petitioner / 2nd defendant and her fa
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