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1951 Supreme(Mad) 408

BASHEER AHMED SAYEED
Paramasivam Pillai – Appellant
Versus
Adilakshmi Animal – Respondent


Advocates:
K.V. Ramachandra Aiyar for Petitioner.
G.R. Jagadisan for Respondents.

Judgment.-

This is a petition against the order of the learned Subordinate Judge, Vellore, impleading a third party who wanted to come on record as the real owner of some of the properties involved in the suit.

The suit was for partition of the joint family properties. Among the suit properties items 9 to 18 are said to be properties owned in his absolute right by the sixth defendant, the son-in-law of the joint, family. These properties are claimed by the third party who wanted to be impleaded as a party-defendant as belonging to her. The learned Subordinate Judge held that it was necessary under Order 1, rule 10, Civil Procedure Code, to completely and effectively adjudicate the questions involved in the suit that the third party should be added as a party-defendant. Against that order is the present revision petition. Mr. Ramachandra Aiyar appearing for the sixth defendant, who is the petitioner herein, contends that the petitioner-first defendant cannot be a proper or necessary party to the suit. He also points out to the fact that the sixth defendant has himself filed another suit against the respondent herein in another Court for declaring his title to the properties and also f


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