Walsh, J.

1. One Ramaswami Mudali had married two wives. He divided with his sons by the first wife one of whom was a minor. This minor son was given his share with his father as guardian. Ramaswami Mudali went to Masulipatam for treatment and there made a will bequeathing his property to this minor son by his first wife. It is then said that seeing that his second wife was pregnant he executed a codicil bequeathing his property to his second wife and the unborn child. After his death the will was presented for registration. The codicil was disputed by his first wife and her sons and registration was refused. The second wife brought a suit under Section 77, Registration Act, to have the codicil registered. The Subordinate Judge directed registration of the codicil and on this an appeal was taken to the High Court. (A.S. No. 415 of 1924). After the death of Ramaswami Mudali his minor son by his first wife brought suits on two promissory notes executed by third parties in favour of Ramaswami Mudali. In those suits he made his brothers, the second wife, and the female child, who had since been born to her, also parties. The female child was defendant 5. The debtor pleaded disch