ANNAPOORNIAMMAL AND OTHERS Vs. CHINNARAMASAMY GOUNDER AND OTHERS

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 13.12.2012 made in I.A.No.1524 of 2012 in A.S.No.25 of 2012 on the file of the Principal District Court, Coimbatore.

(2.) The petitioners are plaintiffs 2 to 4 and respondents are defendants 2 to 4 in O.S.No.656 of 1999 on the file of the Subordinate Court, Coimbatore. The fifth respondent herein is proposed party in First Appeal A.S.No.25 of 2012 on the file of the Principal District Court, Coimbatore. The respondents 6 to 11 are the legal heirs of the deceased first respondent. The petitioners along with one Peria Ramasamy/first plaintiff filed the said suit against the first respondent for partition of the suit property and for allotting â .. " shares to them. Pending suit, first plaintiff/Peria Ramasamy died. First plaintiff's two sons and one daughter/respondents 2 to 4 herein were brought on record as defendants 2 to 4. After contest, the said suit was dismissed on 19.01.2007. Challenging the same, the petitioners have filed A.S.No.25 of 2012. In the said appeal, the petitioners filed I.A.No.1524 of 2012 under Order 1, Rule 10 C.P.C. to implead the fifth respondent as 5th respondent in the First Appeal.

(3.) According to the petitioners, fifth respondent herein is the wife of deceased first plaintiff and was not impleaded in the suit by mistake and she is necessary party in the proceedings for partition.