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1956 Supreme(Mad) 314

RAMASWAMI GOUNDER


Advocates:
C. S. Swaminathan for Petitioner.

Judgment

This is a Civil Revision Petition sought to be preferred against the order made by the learned District Munsif of Badagara in R.I.A. No. 517 of 1956 in O.S. No. 339 of 1955.

The facts are: The suit is one for partition and separate possession of the plaintiff’s share in the properties shown in the plaint. The properties, it is alleged, originally belonged to one Moideenkutti, who died about 20 years ago. Plaintiff alleges that he has obtained a share in the property by virtue of an assignment from some of the legal representatives of the said Moideenkutti. Defendants 8, 10 and 11 also claim shares in the property by virtue of assignments executed in their favour by certain persons who are also stated to be some of the legal representatives of the said Moideenkutti. Therefore, these defendants preferred R.I.A. No. 517 of 1956 in the lower Court contending that in view of the fact that there is keen dispute between the parties regarding the shares, regarding devolution of right and regarding the original partition set up in the written statement and some other matters raised therein, their assignors should also be impleaded. The plaintiff resisted this application on the groun








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