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1987 Supreme(Ker) 219

PADMANABHAN
MERCY – Appellant
Versus
AISHA UMMAL – Respondent


Judgment :-

1. The suit properties belonged to deceased Meera Sahib Mohammed Kunju. Plaintiff and defendants 1 to 3 are his heirs. Plaintiff sued for partition of her 1/3 share. Preliminary decree for partition was passed and the matter is pending final decree. Defendants 4 to 16 were impleaded as alienees of some of the properties from the third defendant. Among them, 13th defendant was interested in items 12 and 13. Pending final decree he died. The suit was instituted on 29-8-1963 and preliminary decree was on 23-5-1967. Though 13th defendant died on 1-2-1980 impleading application was filed only on 27-8-1981 and that too without mentioning the date of death and unsupported by any application for condonation of delay or setting aside the abatement. Revision petitioners and 7th respondent were the persons sought to be impleaded. Even two years before suit in 1961 the 13th defendant transferred items 12 and 13 in their favour reserving only the right to take the usufructs. Without considering any of these objections including that of limitation the trial court ordered them to be impleaded. That is the order sought to be revised.

2. Revision petitioners and the 7th respondent implea









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