The Chief Justice.-

The three plaintiffs and the first defendant are first cousins, being grandsons of one Sankarapandiam Pillai; the plaintiffs are the sons of Subbasamia Pillai and the first defendant is the son of Narayanasamia Pillai, who were sons of the parties’ grandfather. Sankarapandiam Pillai married a second time in 1915. Previously, there was an arrangement in the family regarding the division of the property belonging to it and Sankarapandiam Pillai took a one-third share. He died in 1923. A son by the second wife, Subbiah Pillai, died in 1925. The widow’s death took place in 1943. The three plaintiffs claimed three shares, each one-fourth, in Sankarapandiam Pillai’s property, agreeing that the first defendant was entitled to the remaining one-fourth share. The plaintiffs’ claims were the subject-matter of the suit. It is unnecessary to refer to the second and third defendants.

After the pleadings were closed, issues were framed, the first issue being as follows:

“Whether the suit is not maintainable for the reason that all the plaintiffs have not signed the plaint but the third plaintiff has signed under a power?”

The third plaintiff held a power of attorney from his two

Click Here to Read the rest of this document