Ramesam, J.

1. The facts out of which this revision petition arises are as follows: - O.S. No. 36 of 1930 was filed for partition in the Subordinate Judges Court of Ellore on behalf of an infant Plaintiff by his mother as next friend. The 1st Defendant is an uncle of the Plaintiff; the 2nd Defendant is his son and the 3rd Defendant is the Plaintiffs half-brother. The Plaintiff, his deceased father and the Defendants were members of a joint-family. The Plaintiffs father died on the 16th May, 1929, and the suit was instituted on the 29th October, 1929, on the allegation that the Defendants were misappropriating the Plaintiffs share in the family properties and that they refused to deliver the Plaintiffs share though demanded and turned him and his mother out of the family house in September, 1929. While the suit was pending the Plaintiff died on the 21st March, 1931. His mother then applied to be brought on record as legal representative. The Subordinate Judge passed an order directing that the Plaintiffs mother be brought on record as legal representative. He also directed that an issue be framed in the suit as to whether the suit was instituted in the interests of the minor