NAYOMI Vs. ROOTH ALIAS KOCHURANI

JUDGEMENT

(1.) THE plaintiff as well as defendants 1 and 2 in the suit for partition are sisters wherein a preliminary decree was passed on 31.5.2010. The second defendant/petitioner thereafter assigned away her fractional right by two sale deeds dated 12.10.2010 and 13.10.2010 to the son of the first defendant. The son of the first defendant has subsequently been impleaded as the additional third respondent in the final decree application also.

(2.) IT appears that the first defendant and her son impleaded as the additional third respondent in the final decree application have fallen apart. The first defendant filed an objection to the application for impleading put in by the additional third respondent contending that the second defendant is incapable of executing sale deeds in his favour. The court below has however allowed the application for impleading notwithstanding the objection filed by the first defendant.

(3.) THIS judgment will not however disable any one of the parties to the suit in moving an application under Order XXXII of the Code of the Civil Procedure to seek for appointment of a next friend to the petitioner if the circumstances so warrant. The court below shall make every endeavour to dispose of the suit expeditiously and at any rate within a period of three months from the date of receipt of a copy of this judgment.