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1934 Supreme(Mad) 45

SUNDARAM CHETTY
Seethai Achi – Appellant
Versus
Meyappa Chettiar – Respondent


JUDGMENT

Sundaram Chetty, J.

1. This civil revision petition is filed by the plaintiff in O.S. No. 56 of 1930 on the file of the sub-Court, Devacottah, against the order passed on her petition (I.A. No. 249 of 1933) under Section 151 and Order 23, Rule 1, Civil P.C., in which she reported to the Court her withdrawal from the suit as she had no longer any interest in the estate of her husband, by reason of her having adopted a son to him, and asked the Court to strike the suit off the file. That petition was dismissed by the lower? Court. The correctness of that order is challenged in this revision petition. The question arising for decision in this case is of some importance and has been elaborately argued on both sides. The aforesaid suit was filed by the plaintiff, who is the widow of the late Muthu Veerappa Chettiar, against two brothers of her deceased husband, viz. defendants 1 and 3, defendant 2 being the son of defendant 1, for a decree directing the defendants to render an account of the assets belonging to her estate which had been in their enjoyment from 28th January 1924 and for the recovery of all the documents, securities, account books and other papers relating to the e























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