The revision petitioner is aggrieved by the order, dated 03.01.2017, allowing the interlocutory application, in I.A.No.595 of 2016, seeking impleadment of the first respondent as a party defendant in a suit for partition, in O.S.No.106 of 2016, on the file of the learned Additional District Munsif, Ambasamudram.
2. The learned counsel for the revision petitioner / plaintiff submitted that the first respondent, namely, Guruvammal sought the relief of her impleadment as a party defendant in the suit for partition filed by the revision petitioner / plaintiff on the ground that she is the wife of deceased Thiraviam, who himself has no locus standi to be a party in the suit.
3. This Court, after going through the impugned order, finds that there is a compromise decree passed in favour of the first respondent / Guruvammal, in A.S.No.62 of 2012, wherein the present revision petitioner / plaintiff is not a party and the compromise decree has been passed recognizing the status of the first respondent / Guruvammal.
4. According to the learned counsel for the revision petitioner / plaintiff, when the status of the first respondent / Guruvammal is disputed and the compromise decree is obtained behind his back, the revision petitioner / plaintiff need not contest the suit against the first respondent / Guruvammal along with other recognized legal heirs of Thiraviam. No doubt, the revision petitioner / plaintiff has made a prima facie case of doubting the legal status of the first respondent / Guruvammal. But, for that reason, the first respondent / Guruvammal cannot be kept away from the suit for partition, as she is entitled for a share in the suit property in the estate of her deceased husband Thiraviam. However, while upholding the order of the Trial Court allowing the impleading petition filed by the first respondent / Guruvammal, the Trial Court is directed to frame a preliminary issue regarding status of the first respondent / Guruvammal and based on the decision of the preliminary issue, the further issues involved in the suit shall be decided in accordance with law.
5. The civil revision petition is disposed of with the above directions. No costs. Consequently, connected civil miscellaneous petition is closed.
To:
The Additional District Munsiff, Ambasamudram..