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1924 Supreme(Mad) 543

WALLACE
Chunaughat Kalliam Kutti Amma – Appellant
Versus
Kallingal Tarvad Karunawan – Respondent


JUDGMENT

Wallace, J.

1. Civil Revn. Petns. Nos. 383 & 384 of 1922 : These petitions relate to two suits : Original Suits Nos. 17 and 18 of 1919, on the file of the Subordinate Judge, Calicut. They are suits by Stanithamma Mootha Panikkar to redeem property demised on kanom to the 1st defendant. The plaintiff died on 24th February, 1919, and the suit would, in the ordinary course, have abated on 24th August, 1919, under the law then in force. The plaintiffs successor Vibekerana Mootha Panikkar made no application to be brought on record to continue the suits. He granted melcharths to the present petitioner authorizing him to take such steps as were necessary to recover the property. The petitioner, on 19th August, 1919, filed petitions. Miscellaneous Petitions Nos. 263 and 264 of 1919, in the lower Court under Order 22, Rule 10, to be brought on record and continue the suits. These were dismissed both in the first Court and in the appellate Court and the petitioner seeks for revision of that order.

2. It is clear that petitioner is not claiming under the original plaintiff. She is not, therefore, his legal representative within the present definition of that term in the present Civil P








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