JUDGMENT

YOGESHWAR DAYAL, J.:—This is an appeal by Ameena Bi (plaintiff) against the judgment of the learned single Judge of the Madras High Court dated 26th July, 1976 . The respondents are Kuppuswami Naidu (defendant No. 1) and five others (defendants 2 to 6). The High Court by the impugned judgment took the view that the suit filed by the plaintiff/ appellant herein was barred under the provisions of Section 47 of the Code of Civil Procedure and also barred under Article 137 of the Limitation Act.

2. The High Court had reversed the concurrent judgments of the District Munsif, Tindivanam. dated 21st November, 1970 and the lower appellate Court i.e. Subordinate Judge, Cuddalore dated 30th October, 1972. The trial Court and the lower appellate Court had decreed the plaintiffs title to the suit properties in dispute and also passed decree for recovery of possession of the same with costs. The plaintiff was also granted a decree for mesne profits to be computed in accordance with the provisions of Order 20, Rule 12 of the Code of Civil Procedure, for a period of three years prior to the suit. The plaintiff/ appellant filed the Special Leave Petition which was granted on 20th August, 1978 and hence this appeal is before us.

3. Briefly stated, the allegations in the plaint were that one S.M. Sheriff died on 17th November, 1947 leaving behind the plaintiff/ appellant the only daughter as heir besides his wife, sister and four brothers. The said S.M. Sheriff was carrying on a lucrative business and owned considerable amount of immovable properties at various places. It was pleaded that the plaintiff besides his mother, her aunt and uncles are heirs to the estate of S.M. Sheriff. The plaintiff pleaded that she was entitled to one half share in the estate of her father and the other half to be shared by other heirs.

4. On 20th November, 1947, one of the brothers of late S.M. Sheriff, Mohammad Sheriff instituted a suit (C.S. No. 544/47) for partition of the properties left behind his late brother S.M. Sheriff on the file of the High Court of Madras. During the pendency of the, suit for partition Mohammad Sheriff was appointed as a Receiver of the estate. He leased out two properties belonging to the estate of the deceased in favour of Kuppuswami Naidu, defendant / respondent No. 1. Mohammad Sheriff, however, continued as Receiver up to 1952 only and thereafter the High Court appointed Shri J. Alwar Naidu, Advocate, as Receiver. Shri J. Alwar Naidu continued as Receiver till the suit for partition was decreed by metes and bounds by judgment and decree dated 30th July, 1956. The properties in dispute were allotted to her (plaintiff/ appellant herein) and on decreeing of the suit the Receiver was discharged.

5. It appears that in the meanwhile on 3rd August, 1955 the defendant No. 1, Kuppuswami Naidu, had filed a suit (O.S. No. 208/ 55) in the District Munsif Court, Tindivanam against Mohammad Sheriff, as defendant No. 2, and Shri J. Alwar Naidu, Advocate, Receiver in the Madras High Court (C.S. No. 544/47) as defendant No. 1. The suit was filed for the refund of the advance given by Kuppuswami Naidu to Mohammad Sheriff for leasing out certain lands at Pela Kuppam as had not been put in possession. It was pleaded in that suit that the amount of Rs. 1,00/ - was paid on 27th June, 1952 and as stated earlier, Shri Alwar J. Naidu, Receiver in Suit ((.S. No. 544/ 17) was made defendant No. 1 as the amount had been paid to the Ex-Receiver. On 7th September, 1955 Shri Alwar J. Naidu., Receiver, filed an application being No. 2715/1955 in the partition suit and sought directions in the matter of Suit filed by Kuppuswami Naidu for contesting the same. Kuppuswami Naidu also filed an application being No. 1692/55 in the partition suit seeking leave of the Court to sue the Receiver. On 23rd September, 1955 on the application filed by the Receiver Shri Alwar J. Naidu, the High Court directed that the Receiver need not contest the suit as it is the persona