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1969 Supreme(Mad) 259

R.SADASIVAM
Swayamprakasam alias Chidambaranathan – Appellant
Versus
R. Vijayarangam – Respondent


Advocates:
R. Ramamurti Iyer and R. Srinivasan, for Petitioner.
N. Sivamani and V. Narayanaswami, for Respondent.

Order:-

Petitioner was the plaintiff in a suit for partition, O.S. No. 40 of 1941 on the file of the Subordinate Judge’s Court, Tiruchirapalli, filed by his mother Anjalai Ayal as his next friend. His father Raju Padayachi was the first defendant in the suit and one Rathnam Ayal, another wife of the Raju Padayachi, was impleaded as the second defendant in the suit. The other defendants were the alienees from the first defendant. The first defendant remained ex parte in the suit. Some of the debts incurred by the first defendant were attacked in the suit and in support of the said plea, it was urged that he was leading an immoral life by keeping a concubine by name Marudambal through whom he had a son and two daughters. The alienations made by the first defendant were held to be not binding on the petitioner herein and he got a preliminary decree for his half share in the suit properties on 15th December, 1942 and the final decree proceedings are pending. One Vijayarangam the son of the said Marudambal, filed I.A. No. 404 of 1967, on the file of the lower Court, under Order 1, Rule 10, Civil Procedure Code, to implead him as the 25th defendant in the suit on the ground that he is ent











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