(1.) THE defendant in O.S. No. 301 of 1989 on the file of Principal Subordinate Judge, Tirunelveli is the appellant in this appeal. THE said suit was filed by the respondents 1 and 2 herein for partition and separate possession of the l/4th share in the schedule mentioned properties in the plaint by metes and bounds. THE suit was decreed by passing a preliminary decree.
(2.) FOR the sake of convenience, the parties shall be referred to as they were arrayed in the suit.
(3.) THE defendant has filed an additional written statement contending that the suit is bad for non-joinder of parties namely Thavamani Nadar, who is the joint executant of the Will and is still alive and also for non-joinder of Jhansi, daughter of the deceased Pushpammal. In view of non-joinder of Thavamani Nadar and Jhansi, especially in a suit for partition, the suit has to be dismissed.