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R. MAHADEVAN, MOHAMMED SHAFFIQ
Rajalakshmi – Appellant
Versus
M. Balasubramanium – Respondent
Key Points: - Nomination does not confer beneficial interest on nominees and they hold in trust for themselves and other legal heirs; deposits form part of the estate of the deceased depositors (!) (!) - Suit for partition of movable assets is governed by Section 37(2) for joint possession; Section 37(1) applies when excluded from possession; court fee must reflect the plaint’s averments about joint possession (!) (!) (!) (!) - Bar under Order II Rule 2 CPC does not apply when the cause of action in the two suits is different; interim injunction/partition actions can proceed if facts show distinct causes of action, with equity considerations supporting interim relief (!) (!) (!) (!) (!)
JUDGMENT
(Prayer:Original Side Appeal filed under Order 36, Rule 9 of the Original Side Rules read with clause 15 of the Letters Patent, against the order and decreetal order dated 30.09.2022 passed by the learned Judge in Application No.4664 of 2021 in C.S.No.362 of 2021.)
R. Mahadevan, J.,
1. This Original Side Appeal has been filed as against the order passed by the learned Judge in Application No.4664 of 2021 in C.S.No.362 of 2021, on 30.09.2022.
2. The facts which are necessary for disposal of this Original Side Appeal are as follows:
2.1. The first appellant herein is the daughter and the respondents 1 to 3 herein are the sons of late P.M.Maruthai Chettiar, who passed away on 07.10.2019. The appellants 2 and 3 are the sons of the first appellant and the respondents 4 to 7 are the surviving legal heirs of the predeceased daughter by name Jeevarathinam of the said Maruthai Chettiar.
2.2. The aforesaid Maruthai Chettiar, had some fixed deposits with the respondent Banks to the tune of Rs.4,27,83,583/-, for which the appellants 1 to 3 were appointed as nominees. Upon the death of Maruthai Chettiar, the nominees approached the banks for withdrawing the
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