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1960 Supreme(Mad) 364

SRINIVASAN
M. K. Navaneetham Naidu – Appellant
Versus
Gangaiah Naidu – Respondent


Advocates:
R. Krishna Iyer, for Petitioner.
K. S. Ramamurthi and K. Sarvabhauman, for Respondents.

Order.

The point that arises is this revision petition is whether the order of the District Munsif of Tindivanam allowing a petition to implead the first respondent as plaintiff is correct. The facts are these.

The plaintiff in O.S. No. 162 of 1959 on the file of the District Munsif of Tindivanam died and his two widows (Respondents 2 and 3 in this petition) were brought on record. The suit was for recovery of possession of certain properties on the basis of title created by a document of sale in favour of the deceased plaintiff. The first respondent filed a petition under Order 22, rule 3, Civil Procedure Code, seeking to come on record as the legal representative of the deceased plaintiff and to continue the suit. His case was that the property in dispute belongs to him and that the deceased plaintiff was his benamidar, the document of sale having been executed in his favour only to enable the recovery of the property, the first respondent claiming that as he was residing elsewhere, he was not in a position to institute and continue the action. The first respondent also alleged that on finding that the widows, the legal representatives of the deceased plaintiff, were acting adverse



















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