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1949 Supreme(Mad) 244

MACK
Govindanathan – Appellant
Versus
Anjaneya Pandithan – Respondent


Advocates:
R. Kesava Aiyangar and S. Krishnamacharya for Petitioner.
Respondents not represented.

Judgment

Petitioner is the first respondent in a petition by the two plaintiffs for permission to sue in forma pauperis. The petition was resisted on the ground that the contemplated suit was bad for misjoinder of parties and causes of action. The learned Additional Subordinate Judge after finding that the would-be plain-tiffs were paupers took the view that the suit was not bad for misjoinder and directed the plaint to be registered as a suit. No appearance has been made by the respondents here despite personal service.

The respondents are, the father, the would-be first plaintiff" and his natural son, the would-be second plaintiff. They sued to recover the self-acquired property of one Marimuthu Pandithar, who died in 1933, on the basis that he had adopted the second respondent in 1925. The first respondent asks in the contemplated suit, in the event of his natural son’s adoption being negatived for recovery of possession on the ground that he is the nearest reversioner of a son Alanganathan, who was born to Marimuthu Pandithar by a third wife whom he married subsequent to his adoption of the second defendant. The two defendants in the contemplated suit are Marimuthu Pandithar’s wi




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