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1934 Supreme(Mad) 321

PAKENHAM WALSH
C. Narayanaswami Naidu – Appellant
Versus
N. Subbaramulu Naidu – Respondent


JUDGMENT

Pakenham Walsh, J.

1. This is a Revision Petition by the first defendant against the order of the District Munsif of Poonamallee in O.S. No. 247 of 1932 adding the present first respondent as third plaintiff. The ground on which the first respondent asked to be added was that his maternal uncle had undertaken to finance the plaintiffs suit, that there was an agreement that in the event of their winning the plaintiffs should convey to the maternal uncle a half share in the Immovable suit properties and pay half the moneys that they might recover from the defendant for costs and mesne profits. On the death of his maternal uncle while the litigation was proceeding he (respondent) took his uncles place and the plaintiffs confirmed the agreement. He said he apprehended that the first plaintiff was about to withdraw from the suit without his intervention. The learned District Munsif allowed the request. "Petitioner claims derivative interest in the suit properties and opposes the withdrawal of first plaintiff from the suit. Second plaintiff supports this petitioner and I think that the petitioner must be added as a party especially in view of the conduct of the first plaintiff in












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