Transposition of defendant as plaintiff.

Sivasubramaniam, J.

1. C.R.P. Nos. 2742, 2843 of 1986, 606 and 635 of 1987 are directed against the orders passed in I.A. Nos. 11/85, 515 of 1984, 84 of 1985 and 514 of 1984 respectively in O.S.No. 161 of 1979 on the file of the Sub Court, Ramnad at Madurai, and C.R.P.Nos. 4081 of 1986 and 151 of 1987 are directed against the orders passed in E.P.No. 11 of 1986 in O.S.No. 161 of 1979 on the file of the said Court.

2. These revision petitions arise out of the proceedings relating to the estate of late Muthuramalinga Thevar who was one of the most popular leaders of Tamil Nadu who owned extensive movable and immovable properties situated in various villages in Ramanathapuram District. During his life time, he filed the suit in O.S.No. 61 of 1929 on the file of the Subordinate Judge, Ramanathapuram at Madurai claiming a half share against his father. The 44th defendant in that suit was one Indrani Ammal who was born to the father of Muthuramalinga Thevar through one Nagammal. In the said suit, late Muthuramalinga Thevar questioned the marriage of Nagammal with his father. Since Nagammal died before suit, Indrani Ammal was impleaded as the 44th defendant in that suit. Ultimately, the marriage between Nagammal and the father of late Muthuramalinga Thevar was upheld and the gift deed executed by Muthuramalinga Thevar's father was also upheld. Subsequently, Muthuramalinga Thevar died in 1963. Late Muthuramalinga Thevar died as a bachelor. Subsequent to his death, two suits in O.S.Nos. l of 1964 and 9 of 1970 came to be filed in respect of his estate by third parties. But they were ultimately dismissed. In O.S.No. 9 of 1970, the said Indrani Ammal was impleaded as the fifth defendant. Even though in the earlier proceedings, claims were made not he basis of a will alleged to have been executed by late Muthuramalinga Thevar, no decision was rendered on the question of succession to his estate.

3. In these circumstances, one Gandhi Meenal, who is the uncle's grand daughter of late Muthuramalinga Thevar, filed the suit in O.S.No. 161 of 1979 on the file of the Sub Court, Ramanathapuram at Madurai for possession of the properties left behind by late Muthuramalinga Thevar and for mesne profits claiming to be his sole heir. The said Indrani Ammal got herself impleaded as the 18th defendant in the suit and after her death, her daughter Nagoor Gani alias Rajamani and son Muthuramalingam were added as defendants 19 and 20 in the suit who claimed the properties as the sole heirs of late Muthuramalinga Thevar. In the suit, both the plaintiff as well as the 18th defendant Indrani Ammal questioned the validity of the will. But each one of them claimed exclusive right to the properties as the sole heir. The suit was taken up for trial and evidence was let in and arguments were advanced on behalf of the parties. Judgment in the suit was reserved. At that stage the plaintiff, who was the first respondent in all these revision petitions, and some of the defendants entered into a compromise to the effect that all the properties of late Muthuramalinga Thevar should vest in the trust called "Pasumpon Muthuramalinga Thevar Arakkattalai" and that the same should be managed by Committee of trustees one of whom is the plaintiff Gandhi Meenal. Before entering into the compromise, the plaintiff made an endorsement that the defendants 19 and 20 are given up. They filed the petition in I.A.No. 515 of 1984 to record the compromise. But no notice was given to the petitioners in these revision petitions Hence, the defendants 19 and 20 filed the petition in I.A.No. 514 of 1984 for receiving the additional written statement claiming possession of the suit properties after paying a court-fee of Rs. 5,104.75. They also filed an I.A.No. 11 of 1985 praying not to record the compromise entered into between the other parties. Yet another application was filed by them in I.A.No. 84 of 1985 for transposing them as plaintiffs 2 and 3 in the suit on the ground that the plaint