NESAMMAL Vs. KUTTYAPPI

JUDGEMENT

(1.) THIS revision is preferred against the order and decretal order dated 20. 12. 2002 made by the learned II Additional District Munsif, kuzhthurai in I. A. No. 619/2001 in O. S. No. 546/1989, dismissing the Petition filed under Or. 22 R. 4 CPC. The Plaintiff is the Revision Petitioner.

(2.) THE Revision Petitioner/plaintiff has filed o. S. No. 546/1989 for partition and separate possession of the Plaint Schedule properties. From the available materials, relationship of the parties is not discernible. For disposal of this revision, suffice it to note that D-9 and d-10 are brothers. D-9 died on18. 4. 1999. I. A. No. 619/ 2001 was filed by the plaintiffs to bring on record the Legal Heirs of deceased 9th Defendant as additional Defendants 18 to 22 in the suit. Defendants 18 to 22 are the sons, daughters and wife of the deceased 9th Defendant.

(3.) UPON consideration of the submission and materials on record the point that arises for consideration is: - whether the trial Court was right in dismissing the application and holding that the suit as against 9th Defendant has abated, and whether the impugned order is sustainable?