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Soopiyadath Kunhammad, Karnavan of His Tarwad (Dead) and anr. Vs. Soopiyadath Amad and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1906)16MLJ27
AppellantSoopiyadath Kunhammad, Karnavan of His Tarwad (Dead) and anr.
RespondentSoopiyadath Amad and ors.
Cases ReferredNarayanasami Reddi v. Osuru Reddi I.L.R.
Excerpt:
- - his remedy was by appeal, and having failed to take that remedy, he cannot now bring a separate suit to obtain the remedy.1. we do not think that the reason given by the district munsif for refusing to make the plaintiffs a party to the execution proceedings was correct. he, no doubt, ought to have inquired into the question as to whether the plaintiff was the legal representative of the deceased moosa, or not. but without doing so he dismissed the plaintiff's petition to be made a party. it was, however, open to the plaintiff to appeal against that order see narayanasami reddi v. osuru reddi i.l.r. (1901) m. 548 but he did hot do so. his remedy was by appeal, and having failed to take that remedy, he cannot now bring a separate suit to obtain the remedy. we, therefore, dismiss this second appeal with costs.
Judgment:

1. We do not think that the reason given by the District Munsif for refusing to make the plaintiffs a party to the execution proceedings was correct. He, no doubt, ought to have inquired into the question as to whether the plaintiff was the legal representative of the deceased Moosa, or not. But without doing so he dismissed the plaintiff's petition to be made a party. It was, however, open to the plaintiff to appeal against that order see Narayanasami Reddi v. Osuru Reddi I.L.R. (1901) M. 548 but he did hot do so. His remedy was by appeal, and having failed to take that remedy, he cannot now bring a separate suit to obtain the remedy. We, therefore, dismiss this second appeal with costs.


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