A No. 1561 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A No. 1561 of 2026 in TOS NO. 29 OF 2011 Esther Daniel (Deceased) 1. BENJAMIN No.20/1, Vadamalai Street, Pursawalkam, Chennai 600 007. 2. Ms.Ruby Chennai ..Applicant(s) Vs Mrs. D. Priscilla W/o.Mr.Sundarraj, No.20/1, Vadamalai Pillai Street, Purasawalkam, Chennai 600 007. ..Respondent(s) Prayer in A No. 1561 of 2026: Petition is filed under Order XIV Rule 8 of OS.Rules read with under Section 151 of CPC, praying to reject the Plaintiff side evidence to examine the Will- drafting Advocate as (P.W.2) without prior permission of this Court in the above T.O.S.No.29 of 2011. For Applicant(s): M/S.P. Vivekanandhan For Respondent(s): M/s.S.V.Praveen Rathinam https://www.mhc.tn.gov.in/judis A No. 1561 of 2026 __________ Page2 of 4 ORDER This Application has been filed by Defendants 2 and 3 seeking rejection of the evidence of Mr. Rufus Devadoss, the advocate who drafted the disputed Will and who has been examined as P.W.2, principally on the grounds that his name was not included in the list of witnesses, prior leave of Court was not obtained, and his evidence involves professional privilege and conflict of interest. 2. The plaintiff contends that P.W.2 is sought to be examined only as a witness of fact regarding the instructions received from the testatrix and the circumstances surrounding the preparation and execution of the Will. It is also stated that P.W.2 is not appearing as counsel in the present proceedings and that the defendants will have full opportunity to cross-examine him. 3. The Division Bench of this Court in S.Nirmala and others vs Shanthi Harikrishnan (decided on O.S.A.No.187 of 2024, dated 17.10.2024) reported in 2025 (5) LW 577, has held that there is no provision in the Evidence Act or the Code of Civil Procedure enabling evidence already recorded on oath to be eschewed. Its admissibility, probative value and evidentiary worth may be considered at the appropriate stage, but the testimony cannot be removed from the record after it has been received. https://www.mhc.tn.gov.in/judis A No. 1561 of 2026 __________ Page3 of 4 4. Accordingly, Application No.1561 of 2026 is dismissed. The examination-in-chief of P.W.2 already recorded shall remain on record. 5. List the matter before the learned Additional Master-IV for cross- examination of P.W.2. No costs. 06-08-2026 [1/3] JRS https://www.mhc.tn.gov.in/judis A No. 1561 of 2026 __________ Page4 of 4 DR.A.D.MARIA CLETE J. JRS A No. 1561 of 2026 in TOS NO. 29 OF 2011 06-08-2026 https://www.mhc.tn.gov.in/judis