R.Soundarajan v. Thiru.R.Sivaprakasam And Another

A.Nos.3312 and 3313 of 2023 in T.O.S No.9 of 2015 A.A.NAKKIRAN, J.

These two applications have been filed by the applicant/plaintiff 1) to recall PW1 and allow to mark the legal heir certificate of the deceased testator (original) as Ex.P5 in TOS No.9 o 2015 and ii) to permit the applicant to mark the certified copy of the legal heir certificate of the deceased testator as additional document viz., Ex.P5 by recalling the evidence of PW1 as mentioned in the proof affidavit of the applicant.

2. There is no objection on the side of the respondents/defendants in allowing these applications.

3. Being satisfied with the reasons stated in the affidavits filed in support of the applications, this Court is inclined to permit the applicant/plaintiff to mark the certified copy of the legal heir certificate of the deceased testator as additional document viz., Ex.P5 by recalling the evidence of PW1, however, subject to admissibility, relevancy and proof. Accordingly, these two applications are allowed.

4. Post the matter, before the Additional Master-I, for recording evidence on 13.07.2023.

06.07.2023 uma https://www.mhc.tn.gov.in/judis 1/2

A.A.NAKKIRAN, J.

uma A.Nos.3312 & 3313 of 2023 in T.O.S No.9 of 2015 06.07.2023 https://www.mhc.tn.gov.in/judis 2/2