This Revision Petition, though devoid of merits, raises a question of law. One Velayudham Pillai, a lunatic, filed through his wife Lakshmi, as his next friend, Original Suit No. 194 of 1122 (M.E.) in the Sub-Court, Nagercoil a suit for partition of family properties against the petitioner herein. During the course of the suit, it was stated that Velayudham had disappeared on 24th November, 1948. Lakshmi complained that he had been spirited away by the petitioner but the latter repudiated the suggestion and even stated that he had reason to believe that the lunatic was still alive. The trial Court dismissed the suit on 25th November 1954. Lakshmi continuing to represent Velayudham as his next friend, took up the matter in appeal to this Court in Appeal Suit No. 665 of 1956, no objection was taken to the maintainability of the appeal on the ground that Velayudham had died and the appeal came up for hearing before Rajamannar, C.J., and Veeraswami, J., who by their judgment, dated 14th September, 1960, allowed the appeal and passed a preliminary decree for partition. It will be noticed that by the time the judgment in the appeal was delivered, more than seven years had elasp