SABASTHI NADAR Vs. SAVURIMUTHU NADAR

JUDGEMENT

(1.) S.A. No. 1836 of 1985 is directed against the dismissal of O.S. No. 379 of 1980, a suit for declaration by one Sabasthi Nadar, confirmed in appeal in A.S. No. 8 of 1985. Second Appeal No. 1837 of 1985 is directed against a decree in O.S. No. 392 of 1980, a suit for partition by one Maria Arokiam and confirmed in Appeal in A.S. No. 9 of 1985.

(2.) Both the suits were tried as well as heard in appeal together and disposed of by a common judgment and hence the above two second appeals.

(3.) It is not necessary to traverse the mutual pleadings, rival contentions and the findings rendered by the courts below or the sustainability of the said findings, in as much as the suit for partition cannot be maintained in view of the non impleading at least one of the family members having equal right along with the other sharers. The defendants (Appellants herein) in the partition suit have positively pleaded in the written statement that the Genealogy attached to the plaint as pleaded by the plaintiff was not correct. The trial court had also framed an issue as to whether the Genealogy attached to the plaint was true and whether the non impleading of any party would render the suit liable for dismissal. The Appellate Court has also discussed the said point in its judgment.