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IN THE HIGH COURT OF MADRAS
Jackson
Rengathammal
Versus
Venkatachariar
Decided On : 5 November, 1929
Legal Representatives - Hindu Joint Family - Impleadment of Brothers - Pro-note
Fact of the Case:
The court considered whether the brothers of a deceased member of a Hindu joint family could be impleaded as legal representatives in a case involving a pro-note.
Finding of the Court:
The court found that the brothers could not be automatically impleaded as legal representatives without prima facie evidence of the deceased member having an estate.
Issues: The issue was whether the brothers of a deceased member of a Hindu joint family could be impleaded as legal representatives in a case involving a pro-note, regardless of the deceased member's ownership of an estate.
Ratio Decidendi: The court held that prima facie evidence of the deceased member having an estate was necessary before impleading the brothers as legal representatives.
Final Decision: The petition was dismissed with costs.
Jackson, J.
1. The point here raised is whether when a member of a Hindu joint family has been sued on a pro-note and dies, his brothers may be imp-leaded as legal representatives. It is argued that they can be so imp-leaded, no matter whether the deceased did or did not own an estate. They are the legal representatives on the hypothesis that he had an estate, and questions of reality can be left to execution.
2. I think such a view would unnecessarily harass the parties so imp-leaded. It must be shown prima facie that the deceased has an estate before the first definition in Section 2 (11) Civil P.C., applies and in the record of this particular case there is no such showing. The petition is dismissed with costs.
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