1. This petition refers to a contest between the petitioner and the 1st respondent, as to who is the legal representative of one deceased Sinnappa Nadar, who was the plaintiff, in O.S. No. 224 of 1922. The learned District Munsif has disposed of the matter, on the finding that the respondent is the person who has intermeddled with the estate of the deceased and that he is therefore the proper legal representative to be put on record. We are quite unable to accept this disposal of the matter. Under Order 22, Rule 5 of the Civil Procedure Code:

Where a question arises, as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, such question shall be determined by the Court.

and for that purpose, the Court must take evidence and decide for itself, who has got the better claim. In the present matter the question as to who is the legal representative would depend first upon whether the property in suit was the self-acquisition of Chinnappa or was joint family property. If it is found, that it was his self-acquisition then the question would have to be considered whether the will relied on by the respondent is true and valid. If