KRISHNAN ACHARI Vs. PARTHASARATHI

JUDGEMENT

(1.) This is a revision by the first defendant in O. S.292/1957 on the file of the Subordinate Judges Court of Alleppey against the order dated 8th December 1958 on issue No. 2 in the suit.

(2.) The plaintiff filed the suit for partition and separate possession of what according to him, constituted the assets of his late father.

(3.) The first defendant raised a contention that he is not at all interested in the A schedule properties to the plaint in which a partition is asked for only as between the plaintiff and his brother, the second defendant. Nor is he interested in the maintenance arrangements to be made regarding the claims of the third and fourth defendants who are the widows of the deceased father of the plaintiff and the second defendant. It was also contended that the only relief claimed by the plaintiff as against D1, was regarding his share in the business carried on by the father of the plaintiff and the second defendant with the first defendant under a Vilasam known as K. Krishnan Asari & Brothers. In view of these circumstances, the first defendant contended that the suit as framed is bad for misjoinder of parties and causes of action.