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1920 Supreme(Mad) 219

IN THE HIGH COURT OF MARAS
J Wallis, S Ayyar
Polepeddi Venkata Sivayya Minor
Versus
Polepeddi Ademma And Ors.
Decided On : 2 August, 1920

A suit for a declaration of invalid adoption is a representative suit which the nearest reversioner is entitled to bring on behalf of the whole body of reversioners within the prescribed period under Article 118 of the Indian Limitation Act, IX of 1908.

Headnote:

Indian Limitation Act, IX of 1908 - Article 118 - Suit for declaration of invalid adoption - Time begins to run from the time the adoption becomes known to the plaintiff - Nearest reversioner entitled to bring representative suit on behalf of whole body of reversioners - Suit barred if not brought within prescribed period

Fact of the Case:

The Subordinate Judge held that the suit was barred under Article 118 of the Indian Limitation Act, IX of 1908, as the adoption became known to the plaintiff in 1902 and the suit was not brought within six years.

Finding of the Court:

The court found that the suit was indeed barred as time began to run against the whole body of reversioners from the date of the adoption, and the plaintiff being born after the adoption did not give him any fresh cause of action or stop time from running.

Issues: The main issue was whether the suit for a declaration of invalid adoption was barred under Article 118 of the Indian Limitation Act, IX of 1908.

Ratio Decidendi: The court relied on the Full Bench decision in Varamma v. Gopaladasayya, which established that a suit for a declaration that an adoption is invalid is a representative suit which the nearest reversioner is entitled to bring on behalf of the whole body of reversioners within the prescribed period.

Final Decision: The appeal failed and was dismissed with costs as the court upheld the Subordinate Judge's decision that the suit was barred under Article 118 of the Indian Limitation Act, IX of 1908.

JUDGMENT

1. We think the Subordinate Judge wan right in holding that this suit was barred under Article 118 of the Indian Limitation Act, IX of 1908. It is now settled by the Full Bench decision in Varamma v. Gopaladasayya (1) that a suit for a declaration that an adoption is invalid is a representative suit which the nearest reversioner is entitled to bring on behalf of the whole body of reversioners, born and unborn, within the period prescribed in the article.

2. Time begins to run from the time the adoption becomes known to the plaintiff, and here the adoption came to the knowledge of the next reversioners as soon as it took place in 1902. Time, therefore, began to run against the whole body of reversioners from that date, and the present suit not haying been brought within six years, is barred. It is said that the nearest reversioner did not bring the suit because he had been bribed to give his consent to the adoption. That might have been a good reason for allowing another reversioner to sue within the prescribed period, if there had been one able and willing to do so. It did not prevent the next reversioner from suing himself, if so minded, or prevent the whole body of reversioners being barred if no suit was brought within the prescribed period. The fact that the plaintiff was born after the alleged adoption and before the suit had become barred under Article 118, did not give him any fresh cause of action or stop time running which had began to run against the whole body of reversioners from the date of the adoption. To hold otherwise would be opposed to the express provisions of Section 9. All that Coutts Trotter, J., as we understand him, intended to lay down in the Fall Bench case, Varamma v. Gopaladasayya (1918) I.L.R., 41 Mad., 659 (F.B.), was that a decree against the next reversioner obtained by fraud or collusion would not be binding on the other reversioners. These observations do not support Mr. Narayanamurtis contention that time would not run under the article against the general body of reversioners if the nearest reversioner abstained from suing from interested motives. The appeal fails and is dismissed with costs.

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