Aggrieved over the dismissal of the suit for partition, the present appeal has been filed by the plaintiffs.

2. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

3. The plaintiffs filed a suit in O.S.No.12 of 2008, before the learned Principal District Judge, Erode to divide the suit properties into 2 equal shares and allot one such share to the plaintiffs.

4. After contest, the suit was dismissed on the ground of non joinder of necessary parties.

5. The brief facts of the case of the plaintiffs are as follows:

The suit property was originally purchased by one Nachimuthu, father of the 1st plaintiff in the year 1970. The said Nachimuthu died leaving behind the 1st plaintiff and his brother one Rangasamy. Therefore, both of them are entitled to get equal share in the suit properties. The 1st plaintiff and his brother Rangasamy have jointly sold an extent of 43 cents out of 88-7/48 to the 1st defendant under a registered sale deed dated 26.12.1995. The 1st defendant, who is doing real estate business, had purchased several properties surrounding the suit properties. The plaintiff's brother Rangasamy has sold = share out of 45-7