( 1 ) CHINNAPPA Reddy, J. 1. Defendants 4, 5 and 8 to 11 in o. S. No. 69/1964 on the file of the Court additional District Judge, Rajahmundry are the appellants in this appeal. They and respondents 4 and 5 are the legal representatives of the first defendant who died during the pendency of the suit in the lower Court. The plaintiff is the brother of the first defendant. The 2nd defendant is their sister. The suit was filed to recover one-third of the amount said to have been deposited by their mother Seetharathnam with the first defendant. Various defences were raised by the first defendant all of which were over-ruled by the learned Additional district Judge and the suit was decreed. The legal representatives of the first defendant have preferred this appeal.

( 2 ) THE first submission of Sri n. Bapi Raju, learned counsel for the appellants was that the plaintiff was an undischarged insolvent on the date of the filing of the suit and, therefore, the suit itself was not maintainable. To appreciate the argument it is necessary to mention a few facts. The plaintiff was adjudged an insolvent in I. P. No. 9/1958 on the file of the District Court, Rajahmundry and his properties became v

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