Maharajan, J.- This appeal is preferred against the judgment of Ganesan, J. dismissing the appellant’s CM. S.A. No. 132 of 1969. Nallusamy Poosari, Natanasabapathy Poosari, Arumugham and Gandhi were members of an undivided Hindu coparcenary.

2. On 1st December, 1949, they execued a mortgage for Rs. 3,000 in favour of the appellant’s father, Ardhanari Gounder. After the death of the mortgagee, the appellant, his son, instituted O.S.No. 888 of 1960 on the file of the District Munsif Court, Sankari at Salem, for the recovery of moneys due under the said mortgage. At the time of the institution of the suit, Natanasabapathy had died leaving him surviving Mariyayee, his widow, and T.N. Mani, his only son (1st respondent). It appears that on the date of the institution of the suit, T.N. Mani had attained majority. However, in ignorance of that fact, the appellant instituted the suit against Natanasabapathy as the first defendant, Mariyayee as the second defendant, minor T.N. Mani, as the third defendant and Arumugham and Gandhi as the 4th and the 5th defendants. It transpires that the description of Mani as a minor was erroneous because it has been established that Mani had attained majori

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