Judgement

Appeal (No. 109 of 1926) from two decrees of the High Court (July 1, 1924) affirming decrees of the District Judge of Pegu.

The appellant brought two suits against several defendants claiming certain immovable properties under circumstances which are stated in the judgment of the Judicial Committee.

The suits having been dismissed, the plaintiff appealed to the High Court, but in one appeal failed to join the first defendant, and in the other the first two defendants, as respondents. At the hearing it-appeared that the appeals could not succeed unless the above defendants were on the record. The

Law Rep. 55 Ind. App. 7 ( 1927- 1928)

V. P. R. V. C hokalingam C hetty V. Seethai Acha 217

plaintiff thereupon applied to add them as respondents upon such terms as the Court might consider just. The time limited for appealing had then elapsed.

The learned judges (Baguley and Young JJ.) refused the application, and dismissed the appeals.

1927. July 28. Sir George Lowndes K.C. and M. R. Jardine, for the appellants, referred to Order xli., rr. 20, 33, Order i., r. 9, and s. 107 of the Code of Civil Procedure, 1908.

Dunne K.C. and E. B. Raikes, for the respondents, were not called up