ABDUL WAHAB Vs. RAMAN PANICKAR

JUDGEMENT

(1.) The plaintiff in O.S. 650/ 81 on the file of the District Munsif, Valangaiman at Kumbakonam is the petitioner in both the revisions. The defendants in the said suit are the respondents. The plaintiff filed the suit for partition to divide the property into two halves and allot one such share to him. The first defendant is entitled to other half share. The defendants 2 to 4 are the tenants. The other respondents are the legal representatives of the first defendant.

(2.) During the pendency of the suit I.A. 1546/ 84 was filed by the sixth respondent herein to appoint a court guardian for the first defendant. After medical evidence, the lower Court by order dt. 19-6-85 allowed the application for appointment of a guardian to the first defendant. The plaintiff has failed to take steps for the appointment of guardian for the first defendant. The Court below had passed an ex parte preliminary decree on 3-7-85.

(3.) Thereafter the petitioner herein filed I.A. 883/88 to bring the legal representatives of the deceased first defendant on record and I.A. 884/ 88 to pass a final decree pursuant to the preliminary decree dt. 3-7-85. The Court below had dismissed both the applications on the ground that since the application for appointment of guardian for the first defendant had been allowed and the suit had been disposed of without appointing the guardian, the preliminary decree itself is nullity and no further proceedings can be continued. The petitioner has filed both these revisions against the orders in I.A. 883 and 884 of 1988.