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Madras High CourtA/2604/2024ordered

S.P.Kannan (Deceased) 1.S.P.Geetha And 2 Others v. T.R.Prema Kumari (Deceased) 1.T.C.Rajabathar And 3 Others

2024-07-02Honourable Mr Justice P.B. Balaji1 pages

A.No.2604 of 2024 in TOS.No.48 of 2001 P.B.BALAJI, J., This application has been filed to reopen the plaintiffs' side evidence so as to enable the plaintiffs to examine one of the attestors of the Will dated 09.02.1987 as P.W.2 in the above TOS.No.48 of 2001.

2.This application is seriously opposed by the 2nd respondent on the ground that the petitioner has slept over his rights for a period of 12 years.

However, I find that the application is filed to reopen the plaintiffs' side evidence only for the purpose of examining one of the attesting witnesses to the Will as P.W.2.

2.I am satisfied with the reasons assigned in the affidavit filed in support of the application. This application is allowed and the attesting witness shall be present before this Court on 12.07.2024 at 2.15 p.m., on which date, the attesting witness shall also be cross-examined by the defendants, who are interested to do so.

02.07.2024 ata https://www.mhc.tn.gov.in/judis