Judgement

Petition for an order substituting the petitioner for the deceased appellant, and for an order for revivor of the appeal.

The deceased appellant, on August 1, 1907, instituted a suit in the High Court claiming a declaration that the adoption of the second respondent by the first respondent, a Hindu widow, was invalid and did not affect his reversionary interest. The circumstances appear fully from their Lordships judgment.

The first respondent pleaded that she had authority to adopt under her deceased husbands will; the

Law Rep. 42 Ind. App. 125 ( 1914- 1915)

V. Venkatanarayana Pillai V. V. Subbammal 29

appellants case was that a later will had the effect in law of revoking this authority.

The trial judge held that the authority to adopt was not revoked, and dismissed the suit. The High Court in its appellate jurisdiction affirmed this decision and granted leave to appeal to His Majesty in Council. The appeal was entered on November 6, 1913, and on November 19, 1913, the appellant died.

The present petitioner, Kuppusami Pillai, a grandson of the deceased appellant, was his sole heir and representative, and upon his (the appellants) decease became the next presumptive reve