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6. The case of the third respondent is set out here under:-

(a) The third respondent was born to Ludovic Joseph Marcel Spielmann and Jayamarie on 16.8.1947 at Pondicherry and his birth was also duly registered in the Pondicherry Municipality. Hence, the first respondent herein has chosen to wantonly play a mischief in describing him as the son of some Anthonisamy intending to play fraud upon this Court.

(b) The first respondent has suppressed the material facts and has filed the suit with full of mala fides. The first respondent's grand father is not Ludovic Joseph Marcel Spielmann as alleged in the plaint. The first respondent's father one Marie Joseph Vincent Amedee along with his sister Louisa Josephine filed a suit for partition and separate possession as against this respondent's mother Jayamarie and sister Marie Therese Helene and this defendant for partition and separate possession claiming to be the legitimate heirs of Ludovic Joseph Marcel Spielmann in O.S.No.23 of 1980 on the file of the learned Additional Subordinate Judge at Pondicherry. In the said suit, a preliminary decree was passed on 10.2.1986 declaring that Marie Joseph Vincent Amedee viz., the father of respondents 1 and 2 is entitled to 1/4th share in the suit property and the petitioner and her brother viz., the third respondent are entitled to the remaining 3/4th share, etc. Against the said judgment and preliminary decree, the petitioner has preferred an appeal in A.S.No.85 of 1986 before the Court of learned II Additional District Judge, Puducherry. In the said appeal, by a judgment dated 6.4.1988, the learned II Additional District Judge, Pondicherry has given a clear finding that Marie Joseph Vincent Amedee and Louisa Josephine are not legitimate heirs of Ludovic Joseph Marcel Spielmann. No appeal was preferred by the first respondent's father as against the said judgment. Hence, the judgment in A.S.No.85 of 1986 dated 6.4.1988 has become final and conclusive. Therefore, when the first respondent's father himself is not the son of Ludovic Joseph Marcel Spielmann, the first respondent or the second respondent, by no stretch of imagination, could ever claim any right in the suit properties.