ABDUL HAMEED Vs. EGANATHAN

JUDGEMENT

(1.) This is a second appeal from the judgment of the learned Subordinate Judge, Karaikkal, dismissing A.S. 23 of 1974 preferred by the third defendant against the judgment and decree in 0, S. 6 of 1973, on the file of the Court of the District Munsif, Karaikkal.

(2.) The respondent herein, Eganathan, filed 0. S. 6 of 1973, for cancellation of the 'Act de Notoriete' D/- 19-6-1954 and for a declaration of his title to the suit property. The 3rd defendant claimed title to the suit property under a sale deed executed by the father of defendants 1 and 2. Defendants 1 and 2 who were the sons of the vendor under whom the third defendant claims title to the suit property, were absent and set ex parte. The suit was decreed with costs as prayed for by the learned District Munsif.

(3.) Against the judgment and decree of the learned District Munsif, Karaikkal, the 3rd defendant has filed A. S. No. 23 of 1974 on the file of the Sub Court, Karaikkal, without impleading defendants 1 and 2. The plaintiff is the only respondent in the appeal. The learned. Subordinate Judge dismissed the appeal on the ground that the appeal is not maintainable without impleading defendants 1 and 2.