T SAMPATH KUMAR Vs. K PUSHPALATHA

JUDGEMENT

(1.) In this second appeal, challenge is made to the judgment and decree dated 25.08.2003, passed in A.S.No.89 of 2002, on the file of the Principal District Court, Coimbatore, reversing the judgment and decree dated 22.02.2002, passed in O.S.No.1140 of 1997, on the file of the Third Additional District Munsif Court, Coimbatore.

(2.) The second appeal has been admitted on the following substantial questions of law:

(3.) The defendants 2 and 3 in O.S.No.1140 of 1997 are the appellants in the second appeal. The first defendant Thirumalai naicker had died. The plaintiff is the first respondent in the second appeal. It is found that the plaintiff has laid the suit for permanent injunction originally against the defendants 1 to 3 in respect of the suit property. Pending suit, the first defendant having died, it is found that the defendants 4 and 5 have also been impleaded in the suit as the legal representatives of the deceased first defendant. The relationship between the parties is not in dispute. It is found that as above seen the plaintiff had laid the suit originally only against the defendants 1 to 3. Though it is noted that the plaintiff is the daughter of the deceased first defendant and the sister of the defendants 2 and 3, neither the plaintiff in the plaint nor the defendants in the written statement had disclosed about the abovesaid relationship between the parties. This itself would go to show that the parties are not in good terms and accordingly, it is found that they had not even endeavoured to disclose the relationship amongst them in their pleadings. After the death of the first defendant, his wife and daughter had been impleaded as the defendants 4 and 5. Thus, it is found that the parties are closely related to each other.