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1959 Supreme(Ker) 146

VAIDIALINGAM
Krishna Menon – Appellant
Versus
Kuthiravattathu Estate Manager – Respondent


Judgment :-

1. This is a revision by the first respondent in I. A. No. 1615/1957 on the file of the sub-court, Ottapalam, filed against the order of the learned Subordinate Judge dated 15th October 1958 in I. A. 1615/1957.

2. O. S.17/1953 was instituted by the Kuthiravattom Valia Nair, represented by the Court of Wards, as next friend. The suit was for recovery of possession of certain properties from the various defendants on the ground that they belong to the Kuthiravattom estate. The Kuthiravattom Nair died on 23-5-1957 and the present application, I.A. 1615/57, was filed by the manager of the court of wards to implead him as supplemental plaintiff in the suit and to permit him to continue further proceedings in that litigation. This application was opposed by the respondents 1 and i in that I. A. 1615/57. The grounds on which the application filed by the Manager of the Court of wards was opposed, are that the court of wards functions only as next friend under S.50 of the Madras Court of Wards Act, 1902 and it has no power to continue the proceedings as legal representative of Kuthiravattath Nair on his death. Further objection was also taken that even assuming the court of wards























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