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1934 Supreme(Mad) 173

BEASLEY
Donthi Venkataratnam – Appellant
Versus
Nagappa – Respondent


JUDGMENT

Beasley, C.J.

1. The suit, the subject of this revision petition was a suit by certain minor plaintiffs represented by their mother as next friend. When the suit came on for final hearing the Pleader for the plaintiffs was not ready and neither was the Pleader for the defendants. An order was-made by the District Munsif dismissing the plaintiffs suit, Later an application was made on behalf of the next friend for a setting aside of the dismissal order and for a restoration of the suit to the file. On that occasion it was alleged that the mother, the next friend of the minor plaintiffs, was ill and even on this occasion--the occasion when the application was made-she was not present. The District Munsif remarking that the plea of illness is generally set up whenever a party is absent, a statement with which I am inclined to agree, and stating that no doctors certificate had been produced in proof of that allegation, held that no sufficient case had been made out for setting aside the order of dismissal. With all respect to the District Munsif he has entirely ignored the fact that the plaintiffs were minors represented by their mother as next Mend and has not addressed himself

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