XAVIER Vs. RATHINAM

JUDGEMENT

(1.) The Second Appeal is directed against the Judgment and Decree passed in A.S. No.11 of 2015, dtd. 1/4/2016, on the file of 1 Additional District Court, Tuticorin, confirming the Judgment and Decree made in O.S. No.74 of 2012, dtd. 23/12/2014, on the file of the Subordinate Court, Kovilpatti.

(2.) For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking in their Original Suit.

(3.) Originally, the first Respondent as Plaintiff has filed a Suit against the sole Defendant Xavier claiming the relief of specific performance of the Sale Agreement dtd. 15/6/2011. Admittedly, the Suit property is owned by the Original Defendant. Since the sole Defendant died, his wife and sons have preferred the Second Appeal. Pending Second Appeal, the Plaintiff had also died and at the instance of the Appellants, his wives, son and daughter were impleaded as Respondents 2 to 5. The second Respondent has raised an objection that she is the legally wedded wife of the deceased Plaintiff, that she has already filed a Suit in O.S. No.68 of 2022, before the District Munsif Court, Kovilpatti, that the third Respondent is not the legally wedded wife of the deceased and the Respondents 4 & 5 are not the children of the deceased Plaintiff. But this Court, by observing that the impleadment of the Respondents 3 to 5 will not prejudice the Suit which is pending in O.S. No.68 of 2022, on the file of the District Munsif Court, Kovilpatti and that the rights of the parties is left open before that Court in the said Suit, allowed the impleading Petition and made the wives, son and daughter of the deceased Plaintiff as Respondents 2 to 5.