JUDGMENT :

Whether a partition suit will abate as a whole, on the death of one of the plaintiffs, if his legal heirs are not brought on record, is the question raised in this Original Petition. Defendants 1 and 2 in O.S.No.838/2018 of the Additional Munsiff Court, Kottayam, are the petitioners herein. They challenge Ext.P18 order, which found that the suit can continue insofar as the 1st plaintiff and the defendants are concerned, de hors the death of the 2nd plaintiff.

The order also allowed I.A.No.4/2022, an application preferred by the plaintiffs to call for a record from the Judicial First Class Magistrate Court-I, Kottayam.

2. Heard Sri.Vadakara V.V.N.Menon, learned counsel for the petitioners and Sri.S.Ranjit, the learned counsel for the respondents.

3. Learned counsel for the petitioners submit that, by the death of the 2nd plaintiff, the entire suit got abated, inasmuch as, the decree which can be passed in a partition suit is inseparable and indivisible. In this regard, learned counsel relied upon the following judgments of the Hon'ble Supreme Court:

(a) Budh Ram & Others v. Bansi & Others [2010 (11) SCC 476]

(b) Ram Sarup v. Munshi [AIR 1963 SC 553]

(c) Hemareddi v. Ramachandra