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1934 Supreme(Mad) 348

PAKENHAM WALSH
Venkataswami Naidu – Appellant
Versus
The Uppilipalayam Vamana Vilasa Nidhi, Limited, Secretary, T. Krishnaswami Naidu – Respondent


JUDGMENT

Pakenham Walsh, J.

1. The suit was brought on two mortgages alleged to have been executed by the father of the defendants who is dead. Written statement was put in and issues were framed on 10th November, 1933. The first petitioner attained majority on 18th February, 1934 and on 15th March, 1934 he put in I.A. No. 277 of 1934 in the suit for permission to file an additional written statement. The Court refused his application on two grounds (1) that it contained irrelevant and prolix matter and (2) that it contained scandalous matter. Against this order the present revision petition has been filed.

2. The learned Advocate for the petitioner contends that a minor defendant is entitled on attaining majority to put in an additional written statement. He quotes Trevelyan on Minors, page 270 and also Simpsons Law of Infants, p. 311. The first does not quote any authority for the statement. The second quotes Bennet v. Lee (1742) 2 Atk. 529 : 26 E.R. 717. The point does not seem to have been raised at all before the lower Court. Order 32, Rules 12, 13 and 14 deal with the case of a minor plaintiff who attains majority but there are no rules dealing with the case of a minor defendant


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