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1994 Supreme(Mad) 930

SRINIVASAN
S. K. Kumaraswami and others – Appellant
Versus
S. R. Somasundaram and others – Respondent


Advocates:
N.P. Parthasarathy for M. Venkataseshan, for Petitioner. C. Chinnaswamy, Senior Counsel, S.Haja Mohideen Gisti, K. Sethuraman, R1, E. Sampath Kumar, G. Subramaniam, Senior Counsel, R2, V. Sanjeevi for Respondeat.

Judgment :

These three matters arise out of the same suit O.S.No.1101 of 1987. For the purpose of in the suit.

2. C.R.P.No.2338 of 1994 is against an order dated 212. 1993 made by the trial Court on the preliminary issue of payment of Court-foe paid in the suit. Defendants 1 to 3 are the petitioners therein. The plaintiff, the 7th and 9th defendants are the respondents. The 9th defendant was later given up in the revision petition. C.R.P.No.2339 of 1994 is against an order of the same date, made in I.A.No.452 of 1993 permiting the plaintiff to amend the plaint by subsiting ‘Sec.40’ of the Court-fees Act in paragraph 21 of ttat plaint. C.M.A.No. 844 of 1994 is against an order made on the same date in I A.No. 1358 of 19S7 granting injunction restraining the appellant from or encumbering the suit property in any matter till the disposal of suit.

3. The plaint was originally filed by the plaintiff and his brother Shanmugavelayutham, who got transposed later as the 10th defendant. The plaintiff is the son of the 7th defendant, who was the second wife of one Rangasamy, who died ia 1967. The 8th defendant is the sister of the plaintiff. The 10th defendant is the sot of the first wife of







































































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