IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 26013 of 2008(V) -------------------------- O.S. NO. 53 OF 2007 ON THE FILE OF THE I ADDL. SUB COURT ERNAKULAM PETITIONER: ------------ BHAVANI.C.G, D/O.KAMALAKSHI AMMA, AGED 61 YEARS, CHOPPILLIL HOUSE, CHERANELLOOR, COCHIN-34. BY ADV. SRI.D.ANIL KUMAR SRI.T.D.SALIM SRI.C.S.YESUDAS SRI.PAUL C THOMAS RESPONDENTS: ------------- 1. K.RAJESWARI, D/O.LATE KARTHIYAYANI AMMA, KALLELLI HOUSE, THURUTHY.P.O, KURUPPAMPADY, PERUMBAVOOR. 2. K.MADHURILATHA, D/O.LATE PADMINI AMMA, BLUE HILL, KALATHIPARAMBIL CROSS ROAD, ERNAKULAM SOUTH, COCHIN-682016. 3. T.RADHA MENON, W/O.LATE K.NATARAJA MENON NO.3, 1ST STREET, TVS AVENUE, AKKARAL, CHENNAI-800041. 4. T.N.SURESH, S/O.LATE K.NATARAJA MENON, NO.3,1ST STREET, TVS AVENUE, AKKARAL, CHENNAI-600 041. 5. T.SUNITHA RAMACHANDRAN, D/O.LATE K.NATARAJA MENON, NO.3, 1ST STREET, TVS AVENUE, AKKARAL, CHENNAI-800 041. 6. KRISHNAKUMAR.B.PILLAI, S/O.LATE SMT.SAROJINI AMMA, 3A/602, VAIBAVAGIRI SIDHACHAT (PHASE-1), OFF POKARAN ROAD, NO.2, THANE WEST, PIN-400 610. 7. C.G.S.RAGHUNANDANA MENON(DIED ON 8-1107) CHOPPILLY HOUSE, CHERANALLUR, KANAYANNUR TALUK. 8. CORPORATION BANK, ELAMAKKARA BRANCH, ELAMAKKARA, REP.BY ITS MANAGER. 9. PEOPLE URBAN CO-OPERATIVE BANK, HAVING REGD.OFFICE, THRIPUNITHURA, REP.BY ITS SECRETARY. 10. PUBJAB NATIONAL BANK, MARKET ROAD BRANCH KOCHI, REP.BY ITS MANAGER. 11. EDAPPALLY SERVICE CO-OPERATIVE BANK LTD, NO.328 PUNNAKKAL, ELAMAKKARA, KOCHI,REP.BY ITS SECRETARY. 12. THE POST MASTER, ELAMAKKARA POST OFFICE, ELAMAKKARA-682 026. 13. THE FEDERAL BANK, KALOOR BRANCH, NEAR MATHRUBHUMI, ERNAKULAM, ERNAKULAM, REP.BY ITS MANAGER. 14. CENTRAL BANK OF INDIA, M.G.ROAD, ERNAKULAM, REP.BY ITS MANAGER. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R12 SRI.T.A.RAJAN FOR R9 SRI.T.K.RADHAKRISHNAN FOR R1-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1: A TRUE COPY OF THE PARTITION SUIT NUMBERED AS OS 53 OF 2007 PENDING BEFORE THE IST ADDL. SUB COURT, ERNAKULAM EXT.P2: A TRUE COPY OF THE OBJECTION FILED AS I.A. BY THE 2ND DEFENDANT, THE DECEASED BROTHER OF THE PETITIONER EX.TP3: A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DECEASED 2ND DEFENDANT DATED 13-04-2007 EXT.P4: A TRUE COPY OF THE I.A. NO. 216 OF 2008 EXT.P5: A TRUE COPY OF THE COUNTER AFFIDAVIT FILED IN I.A. NO 216 OF 2008 EXT.P6: A TRUE COPY OF THE RELATIONSHIP CERTIFICATE ISSUED BY THE VILLAGE OFFICER, CHERANELLOOR EXT.P7. A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE, ISSUED BY THE TAHSILDAR, KANAYANNOOR TALUK EXT.P8: A TRUE COPY OF THE ORDER IN I.A. NO. 216 OF 2008 DATED 25-6-2008 EXT.P9: A TRUE COPY OF THE REPLY NOTICE ISSUED BY THE PEOPLES URBAN CO-OPERATIVE BANK, THRIPUNITHURA V. RAMKUMAR, J --------------------------- W.P.(C) No. 26013 of 2008 --------------------------- Dated: 16-09-2008 Judgment Petitioner who claims to be the sister of one Reghunandana Menon who died on 8-11-2007 challenges Ext.P8 order dated 25-6-2008 passed by the Sub Court, Ernakulam, dismissing I.A. 216 of 2008 as per which the petitioner sought himself to be impleaded as additional 10th defendant. 2. I heard the learned counsel appearing for the petitioner. I also heard the learned counsel appearing for the respondents 1 to 5 who are the plaintiffs in O.S. 53 of 2007 pending before the Ist Addl. Sub court, Ernakulam. The said suit was filed for partition and separate possession of the properties scheduled to the W.P.(C) 26013 of 2008 V -:2:- plaint. The plaint A to C scheudle properties are immovable properties and plaint D to J schedule are fixed deposits and savings bank accounts of a spinster by name Girija Menon . The plaintiffs and defendants are claimed to be sharers of the said Girija Menon . Reghunandana Menon was impleaded as the 2nd defendant by the plaintiffs as a nominee of late Girija Menon in respect of the fixed deposits and saving bank accounts. Defendants 3 to 6 and 8 and 9 are the banks where Girija Menon had fixed deposits and savings bank accounts. The 7th respondent is the post master of Elamakkara post office where the said Girija Menon had savings bank account. While according to the plaintiffs, the 2nd defendant Reghunandana Menon was only a nominee in respect of the fixed deposits and savings bank accounts and he was only made a formal party as he alone had the authority to collect the amounts from the respective banks, the 2nd defendant W.P.(C) 26013 of 2008 V -:3:- had filed a written statement (Ext.P3) claiming independent rights over the deposits and savings bank accounts. The question as to whether the 2nd defendant was only a nominee merely entitled to collect the amounts from the banking institutions or whether he could claim rights over the amounts in question by virtue of Sec. 45 - 2 A of the Banking Regulation Act, 1949 is an issue which will have to be decided in the suit. On the death of Reghunandana Menon on 18-11- 2007 the petitioner herein claiming herself to be the sister of the said Reghunandana Menon, filed the above application for impleading her as the legal representative of the said Reghunandana Menon. The said application was dismissed by the court below as per Ext.P8 order not on the footing that the petitioner is not a legal representative of deceased Reghunandana Menon but on the ground that Reghunandana Menon himself being only a nominee of deceased Girija W.P.(C) 26013 of 2008 V -:4:- Menon could not be a legal representative of Girija Menon and that he could not get any right over the properties left behind by Girija Menon. 3. After hearing both sides, I am not inclined to accept the view taken by the court below. The question as to the legal status of deceased Reghunandana Menon qua the fixed deposits and the savings bank accounts will be an issue to be decided in the suit itself. That issue could not have been decided in an impleading petition filed by a person who claiming herself to be the sister of Reghunandana Menon. If there is a dispute as to the question whether the petitioner Bhavani is a legal representative of Reghunandana Menon, that question would call for an enquiry under Order 22 R. 5 C.P.C . At any rate, the rights of Reghunandana Menon in the suit could not have been decided in an impleading petition. The impugned order is accordingly set aside and I.A. 216 of W.P.(C) 26013 of 2008 V -:5:- 2008 filed by the petitioner Bhavani before the court below shall stand restored to file. It shall be disposed of in accordance with law and if necessary, after enquiry under Order 22 R.5 C.P.C. In the light of the above finding notice to the 6th respondent and respondents 8 to 14 in this Writ Petition is dispensed with. Similarly, the 7th respondent who is none other than the deceased Reghunandana Menon who should not have been made a party in the Writ Petition, shall stand struck off. Dated, this the 16th day of September 2008. Sd/-V. Ramkumar, Judge. ani /true copy/