Rajamannar, C.J.-This appeal under the Letters Patent against the judgment of Raghava Rao, J., in S.A. No. 1851 of 1947, arises out of a suit brought by the Province of Madras in the Court of the District Munsif of Chingleput to set aside an order passed by the Court of the Subordinate Judge of Chingleput on a claim petition in the following circumstances; certain minors represented by their mother as next friend brought a suit in forma pauperis in the Court of the Subordinate Judge of Chingleput for the partition of alleged family properties against the father and grandfather of the minors and others. (The statement in the judgment of the learned Judge that the suit was brought by the second defendant as the next friend is not accurate). Pending the suit, the mother died, and the second defendant in the present suit was appointed next friend in her place. The suit (O.S. No. 72 of 1940) was not heard and disposed of on 9th August, 1940. When the case was called, the 2nd defendant, the next friend was not present, and the pleader appearing for the plaintiffs in that suit reported no instructions, and the suit was dismissed. The learned Subordinate Judge, after directing the plaintif

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