UNICHIRAKUTTY AMMA Vs. KRISHNAN NAIR

JUDGEMENT

(1.) THE question for decision is whether respondents 1 to 5 were properly impleaded in the suit as additional defendants 4 to 8.

(2.) THE plaintiff sued for partition and recovery of her share in property gifted to her and her brothers, defendants 1 and 2, by their mother the third defendant. While the suit was pending, respondents 1 to 5 applied for impleading them in the suit on the ground that the property sought to be partitioned belonged to the tavazhi consisting of the third defendant and her descendants. Overruling the objections of the plaintiff and defendants 1 & 2, the court below impleaded the applicants, stating that such a course would tend to avoid multiplicity of suits. THE plaintiff has therefore filed this civil revision petition.

(3.) THE civil revision petition is allowed and the order of the court below is set aside. In the circumstances I make no order as to costs. Allowed.