P.V.RAJAMANNAR, VENKATARAMA AYYAR
Dandigunta Venkataramiah (minor) by next friend and mother Dandigunta Subbalakshmamma – Appellant
Versus
Dandigunta Audinarayaniah – Respondent
For a disposal of this appeal under clause 15 of the Letters Patent against the judgment of Panchapakesa Ayyar, J., dismissing a Second Appeal, S.A.No.255 of 1946, it is sufficient to state the following facts: In execution of a decree in a suit on a mortgage executed by the father of the two appellants to the 3rd respondent, the mortgaged property was brought to sale and eventually on 7th December, 1936, purchased by the mortgagee-decree-holder, the 3rd respondent To the mortgage suit, the 1st defendant, the father (the executor) and one of his sons, the 2nd defendant in the present suit, were added as parties. The two plaintiffs, appellants in this Second Appeal, had not been born by that time. The 1st plaintiff was born on 1st September, 1932, long after the decree in the. suit. The 2nd plaintiff was born on 1st September, 1935, during execution proceedings. The plaintiffs were not brought on record in the execution proceedings, presumably because their father, the 1st defendant, sufficiently and adequately represented their interests. Though the sale took place on 7th December, 1936, the decree-holder purchaser did not deposit into Court the general stamp for a
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