( 1 ) THIS is a defendant's appeal. The only point urged in this appeal is that the plaintiff's suit is liable to be dismissed for nonjoinder of necessary parties. The question of non-joinder was raised in the trial Court and an issue was framed in that connection. The trial Court came to the conclusion that the suit being one for ejectment, the sisters of the plaintiff-respondent are not necessary parties to the suit. It accordingly repelled the contention of the defendant that the suit is bad for non-joinder of necessary parties. The first appellate Court affirmed the decision of the trial Court on this point.

( 2 ) MR. B. V. Deshpande, the learned counsel for the appellant strenuously contended that in the light of the decision of the Supreme Court in Kanakarathanammal v. V. S. Loganath Mudaliar, AIR1965 SC 271 , [1964 ]6 SCR1 , the view taken by the Courts below must be held to be an erroneous one and further as the plaintiff had persisted in prosecuting the suit without impleading the necessary parties, the suit ought to be dismissed. The question for consideration is whether the ratio of the decision of the Supreme Court in Kanakarathanammal's case, AIR1965 SC 271 , [1964 ]6

Click Here to Read the rest of this document