Venkatusubba Rao, J.

1. The suit was dismissed by the Lower Court on the ground that the plaintiff was not competent to maintain the action in the absence of his brother as a party on the record and that when, on this defect having been pointed out, he applied to have his brother impleaded, the suit was barred by limitation. The plaintiff attacks the correctness of this decree, The suit was filed on the 14th of February, 1920, and its nature may be thus shortly described. The defendants sold to the plaintiff and his brother, by a conveyance, dated 17th February, 1917, certain villages including Penjendra, the suit village. The price of the village in question was fixed at 29 times its net income, which was stated at the time of the contract to be a certain amount. The plaintiff, however, discovered later, that the amount of the income had been overstated and that certain other fraudulent representations had been made. He goes on to allege, that in a partition entered into subsequently between himself and his brother, the suit village fell to his share and that by reason of the aforesaid fraud of the defendants at the time of the sale, he is entitled to recover from them comp