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1944 Supreme(Mad) 314

WADSWORTH
Devineni Subbarao – Appellant
Versus
Devineni Pattabhiramayya – Respondent


JUDGMENT

Wadsworth, J.

1. The appeal arises out of a pauper suit for the recovery of a sum of money by way of contribution in respect of the discharge of debts binding on a former joint family consisting of the plaintiff, his elder brother the third defendant and his cousins, defendants 1 and 2. There was a partition in 1926 as a result of a suit brought by defendants 1 and 2, the cousins. Plaintiff and his elder brother the third defendant remained joint. Plaintiff was then a minor. The third defendant was a major. After the partition the creditors of the family recovered the debts largely through proceedings against the properties of the plaintiff and the third defendant. The plaintiff sued for contribution alleging that he became a major in July 1938, the suit being filed on the 6th February, 1941. The lower Court has held that the suit was barred by limitation on the ground that the date of the plaintiffs birth must have been much earlier than the date given in the pleadings. We are inclined to doubt the correctness of the lower Courts finding regarding the date of the plaintiffs birth. The materials are very scanty, but there does not seem to have been much basis for the rejecti



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