- (1.) Leave granted.
(2.) Distinction between Order VIII Rule 9 of the Code of Civil Procedure and Order VI Rule 17 thereof is the question involved in this appeal. It arises out of a judgment and order dated 4.9.2007 passed by a learned Single Judge of the High Court of Judicature at Madras in CRP (NDP) No.1643 of 2007.
(3.) Before embarking on the said question, we may notice the admitted fact: Anantha Subramania Iyer had two brothers. They were members of a joint family. By reason of a deed of partition dated 23.8.1962, the said joint family properties were partitioned in terms whereof the properties involved in the present suit were allotted to Anantha Subramania Iyer. He had two sons and five daughters. Appellant is one of them. He allegedly executed a Will on or about 18.3.1993 in terms whereof he bequeathed the property in suit in favour of his wife. The said Will was said to have been attested by his sons. Anantha Sumramania passed away on 19.3.1993. Indisputably, his wife also passed away on 13.8.1993. P.A. Ganesan, one of the sons of Anantha Subramania Iyer passed away on 24.5.1998 leaving behind his wife and three daughters who are respondent Nos.1 to 4 herein. The said respondents filed a suit for partition in the year 2004. According to them, the suit property was a joint family property and both the brothers being coparceners had 1/3rd share therein. Apart therefrom, they claimed their share also in the property which P.A. Ganesan had inherited from his father, and, thus, the same came to 8/21 for each of the sons of Anantha Subramania Iyer and 1/21 share so far as his daughters including the appellant are concerned.;