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Arumugham Pillai Vs. Valliamal - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai High Court
Decided On
Case NumberCivil Revn. Petn. No. 1231 of 1955
Judge
Reported inAIR1957Mad296
ActsRegistration Act, 1908 - Sections 46 and 57; Code of Civil Procedure (CPC) , 1908 - Sections 115
AppellantArumugham Pillai
RespondentValliamal
Advocates:T.K. Subba Rao, Adv.
DispositionApplication dismissed
Excerpt:
- .....for the purpose of an enquiry in the claim petition i. a. no. 336 of 1955.2. the learned district munsif dismissed that application and hence this civil revision petition.3. the learned district munsif rightly dismissed because under section 57 of the indian registration act, which is the relevant provision which deals with registered wills and entries in book iii, persons other than the executant or his agent, are not entitled to get a copy of the registered will before the death of the executants. in this case, one of the executants of the will in question is alive. the invocation of section 46 was wholly irrelevant, and rightly disregarded.4. on this conclusion, what this applicant wants us to do is to do by the back-door what cannot be done by the front door, and he wants to abuse.....
Judgment:
ORDER

Ramaswami, J.

1. This is a petition directing against the order of the learned Dist. Munsif of Namakkal In. I. A, No. 717 of 1955 in I. A. No. 336 of 1955, in O. S. No. 114 of 1955, for sending for through the clerk of the Sub-Registrar's Office, Velur, Book III wherein a copy of the registered will dated 6-8-1935 executed by one S. P. Palaniappa Mudaliar (deceased) and his wife, Valliammal, is maintained in that office, for the purpose of an enquiry in the claim petition I. A. No. 336 of 1955.

2. The learned District Munsif dismissed that application and hence this civil revision petition.

3. The learned District Munsif rightly dismissed because under Section 57 of the Indian Registration Act, which is the relevant provision which deals with registered wills and entries in Book III, persons other than the executant or his agent, are not entitled to get a copy of the registered will before the death of the executants. In this case, one of the executants of the will in question is alive. The invocation of Section 46 was wholly irrelevant, and rightly disregarded.

4. On this conclusion, what this applicant wants us to do is to do by the back-door what cannot be done by the front door, and he wants to abuse the processes of court for getting a wholly unmerited sending for of a document of which he from public policy is prohibited from getting copy otherwise. This deserves no encouragement at my hands.

5. Therefore, this application is dismissed, and as nobody has appeared for the opposite side, without costs.


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