TaxTMI 
TaxTMI 
2001 (1) TMI 1020
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....LINAYAGAM, J. 1. This Civil Revision Petition is preferred against I. A. Nos. 25 and 26 in O. S. No. 189/85 as suit for partition. 2. I. A. No. 25 is filed under Order 22 Rule 10 of CPC to bring on record the respondents- 1 (a to h) and I. A. No. 26 is filed under Order 22 Rule 9 of CPC to set aside the abatement of the suit. The Trial Court has allowed both the applications and aggrieved by the....
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....elied upon by the Trial Court and, ultimately both the applications were allowed. 4. Sri Tarakaram, Senior Advocate appearing for the petitioner's counsel Sri Narayan submitted that in the absence of proof of will and without any probate being granted, the respondents cannot be allowed to be brought on record. The will is executed in favour of the strangers and the will itself is a mystery. C....
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.... 7. The definition of legal representative under Section 2(11) of CPC reads as follows; "Legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so su....
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....gs and reasons therefore, and the appellate Court may take the same into consideration in determining the question." 8. It is also seen that the order if passed after enquiry under Order 22 Rule 5 is not liable to be interfered with in revision under Section 115 of CPC has been considered by this Court in CRP No. 602/74 disposed of on 1-7-1974 and reported in Short Notes in (1975) 1 Kant. LJ....