TaxTMI 
TaxTMI 
2024 (3) TMI 1565
X X X X Extracts X X X X
X X X X Extracts X X X X
....f the First Appellate Court was set aside and that of the Trial Court was restored by the High Court [High Court of Judicature at Madras]. 3. Before we embark upon to consider the issues in detail, we deem it appropriate to mention the relations between the parties and certain brief facts. 3.1. The testator of the Will dated 09.10.1984, Palaniandi Udayar, was the husband of appellant no. 1 Thangam and father of appellant no. 2 Laila. 3.2. The Will was executed on 09.10.1984 in favour of Navamani Amma/Plaintiff, who as per the narration in the Will is said to be daughter of the brother of the testator. 3.3. The defendant in the suit originally filed was widow of the testator, however, later on his minor daughter was also impleaded. Both are the appellants before this Court. 3.4 The appellant no. 1 is the third wife of the testator. The earlier two wives expired and were not having any child from the loins of the testator. 3.5 Even as per the admitted case of the defendant no. 1/widow of the testator, the testator was having total land about 8 acres besides three houses. 3.6 By way of Will, the testator had bequeathed approximately 3.5 Acres of land in favour of ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....roperty left by him after his death. Admittedly, the appellant no. 1 was living away from the testator. Even at the time of his death the appellants were not present as she came later on. Even the expenses for performing last rites of the testator were borne by the husband of the respondent. There is no error in the judgment of the High Court. The findings recorded by the First Appellate Court being totally perverse were rightly interfered by the High Court. 6.1 In the written statement filed by the appellants, there was no specific denial to the claim made by the respondent/plaintiff. No parawise reply was given. In the absence thereof, the allegations in the plaint were deemed to be admitted. DISCUSSION 7. Heard learned counsel for the parties and perused the relevant referred record. We may record that the translated copies of whatever documents have been placed on record by the parties, are being considered as such as to the same, no dispute has been raised by the either side. 8. What is required to be considered while examining the correctness of the judgment of the High Court is as to whether the Will in question was surrounded by suspicious circumstances whereby ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tated in his examination-in-chief that the testator had put his thumb impression on the Will and that he witnessed the same. He further stated the Will was registered in the office of Sub-Registrar. 10.1 In his cross-examination, he stated that on enquiry testator told him that the Plaintiff can take the suit property and other properties can be taken by the Defendants i.e., his wife and daughter. This shows that even at the time of execution of the Will, the testator was fully conscious of the welfare of his widow and minor daughter as sufficient property was left for them. 11. The Plaintiff examined PW-2/Vadivelu, who was the attesting witness to the Will. In his examination-in-chief he stated that the testator was very well known to him and that he was witness in the above Will. He stated that the Will was written under a tree at Palavur. Details were given by the Testator. After writing of Will, the testator asked PW-4/scribe to read over the same. After hearing and being satisfied the testator had put his thumb impression. He and one other attesting witness, Muruganian (DW-2), had witnessed the testator putting thumb impression on the Will. In his cross-examination he st....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f the witnesses were unison. The testator was conscious of the fact that he had a wife and a minor child whose interest had been taken care of by leaving part of the property for them. It came in response to a specific question asked by PW-4 to the testator at the time of execution of the Will. It was so stated by PW-4 in his cross-examination. Even in para 14 of the written statement, the appellants stated that they are enjoying the suit properties and other properties left by the testator. This clearly shows that certain part of the properties was left by the testator for his widow and minor daughter. 14. Before we part with the judgment we are constraint to observe the manner in which the pleadings have been filed in the Trial Courts or may be in some cases in the High Courts. 14.1 A perusal of the plaint filed by the respondent shows that it contains ten paragraphs besides the prayer. In the written statement filed by the appellants, no specific para-wise reply was given. It was the own story of the respondent containing fifteen paragraphs besides the prayer in para 16. 15. In the absence of para-wise reply to the plaint, it becomes a roving inquiry for the Court to fi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rose, and the facts showing the court has jurisdiction. The object is to enable the defendant to ascertain from the plaint the necessary facts so that he may admit or deny them. Order VIII provides for the filing of a written-statement, the particulars to be contained therein and the manner of doing so; XXX XXX XXX These three rules form an integrated code dealing with the manner in which allegations of fact in the plaint should be traversed and the legal consequences flowing from its noncompliance. The written statement must deal specifically with each allegation of fact in the plaint and when a defendant denies any such fact, he must not do so evasively, but answer the point of substance. If his denial of a fact is not specific but evasive, the said fact shall be taken to be admitted. In such an event, the admission itself being proof, no other proof is necessary." 15.5 The matter was further considered by this Court in Lohia Properties (P) Ltd., Tinsukia, Dibrugarh, Assam Vs. Atmaram Kumar [(1993) 4 SCC 6] after the 1976 Amendment Act in CPC whereby the existing Rule 5 of Order VIII of the CPC was numbered as sub-rule (1) and three more sub-rules were added dealin....