Judgment

S. Saghir Ahmad, J.-V. Sivaraman (plaintiff-respondent No. 1) filed a suit against Shakunthala, -widow of his brother, for declaration of title to the suit property and for a direction to the defendants, namely, Shakunthala and Vinayagam, to put him in possession of that property and to pay the arrears of rent amounting to Rs. 18,000/- together with further mesne profits. The suit was decreed by the trial Court on 5th September, 1983 against which Shakunthala filed an appeal in the High Court and during the pendency of the appeal in that Court, the present appellants were impleaded as respondents by order dated 20.3.1995 passed in C.M.P. No. 5008 of 1984. It was indicated in that application that three days after the decree was passed by the trial Court, plaintiff (respondent No. 1) sold the suit properties to the appellants and since the properties in suit had been assigned to them, they had to be impleaded as respondents as required by Order 22 Rule 10 C.P.C.

2. Respondent No. 1, it appears, filed an application (C.M.P. No. 15941 of 1987) in the High Court for dismissing the suit as not pressed as he had compromised the dispute with Shakunthala and wanted the compromise to