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1974 Supreme(Mad) 112

P.S.KAILASAM, MAHARAJAN
T. A. Sankaralingam – Appellant
Versus
T. N. Mani – Respondent


Advocates:
C. S. Swaminathan, for Appellant, R. Sundaralingam, for Respondents.

Judgement

MAHARAJAN, J. :- This appeal is preferred against the judgment of Ganesan, J., dismissing the appellant's C. M. S. A. No. 132 of 1969, reported in (1971) 2 Mad LJ 136. Nallusami Poosari, Natanasabapathi Poosari, Arumugham and Gandhi were members of an undivided Hindu coparcenary. On 1-12-1949, they executed 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. Natanasabapathi had died leaving him surviving Mariyayee, his widow, and T. N. Mani, his only son (first 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 Natanasabapathi as the first defendant, Mariyayee as the second defendant, minor T. N. Mani, as the 3rd defendant and Arumugham and Gandhi as the 4th and 5th defendants. It transpires that the description of Mani as a minor was erroneous because it has been es


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