14.At the outset, the admitted fact remains that the Suit property is a joint family property. The first defendant in the previous Suit filed against his father categorically plead that it is a joint family property. There is no averment in that plaint marked as Ex.A2 that there was oral relinquishment by the first plaintiff. In that event, the said Suit for partition, without impleading the first plaintiff as party is bad for nonjoinder of parties. The decree passed in the Suit would not be binding upon the first plaintiff. The First Appellate Court has rightly rejected the contention of the first defendant that he got a right of 50% of the share in the joint family property by virtue of a decree passed by the Competent Court. Apart from this, it is noted that the Suit was instituted on 10.08.1994 and decreed on 25.10.1994. Surprisingly, the finality has been reached within a short span of two months. Normally, when a Suit is instituted in a Civil Court, summons will be issued giving two to three months for first hearing of the Suit. But, in the instant case, the defendant appeared, compromise memo filed and Suit was decreed in two months gives an impression that it was either a collusive Suit or some fraud played upon the Court.
