ORDER

1.This application has been filed by the applicant to implead the proposed party as 6^th defendant as necessary party to the suit.

2. The brief facts of the applicant are as follows:-

(i) The applicant is the 1^st defendant in the main suit and the plaintiff has filed the suit for partition as against the applicant and others. The main suit itself is not maintainable and the suit is barred by limitation. In fact, the suit properties are self acquired properties of the applicant’s late husband Munisamy Sundararaj and there are no ancestral properties as alleged by the plaintiff in the hands of the husband of the applicant / 1^st defendant. The husband of the applicant died on 01.04.1992 and her husband executed a Will in her favour bequeathing all the properties, both movable and immovable properties and the said fact was known to the 1^st respondent / plaintiff. The fixed deposit amount, GPF, gratuity, Gold Bonds and Lombard Bank as mentioned in the Schedule I of the will dated 04.12.1980 executed by her husband were all utilised by her for the educational and marriage expenses of her children, viz., 1^st respondent / plaintiff herein. The property at No.48, Vinobaji Street, Choolaim