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Mammali Vs. Pakki - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad428
AppellantMammali
RespondentPakki
Excerpt:
civil procedure code, section 32 - suit for maintenance by a member of a malabar tarwad--necessary parties--joinder of parties by appellate court. - charles a. turner, kt., c.j. and kernan, j.1. it is admitted that an arrangement has been made, assigning properties to the several tavarais for the maintenance of their members. the appellant asserts that it is insufficient, and he claims for himself an allowance of rs. 10 from the karnavan. he cannot maintain suit unless he brings all the members of the tarwad before the court, for they may be all affected by the decree; of coursesome may be impleaded as representatives of the whole body. but there was no reason why these persons should not have been made parties in the appellate court. we set aside the order of the judge and direct him to proceed under paragraph 2 of section 32 of the civil procedure code.2. the costs of this appeal will abide and follow the result.
Judgment:

Charles A. Turner, Kt., C.J. and Kernan, J.

1. It is admitted that an arrangement has been made, assigning properties to the several tavarais for the maintenance of their members. The appellant asserts that it is insufficient, and he claims for himself an allowance of Rs. 10 from the karnavan. He cannot maintain suit unless he brings all the members of the tarwad before the Court, for they may be all affected by the decree; of coursesome may be impleaded as representatives of the whole body. But there was no reason why these persons should not have been made parties in the Appellate Court. We set aside the order of the Judge and direct him to proceed under paragraph 2 of Section 32 of the Civil Procedure Code.

2. The costs of this appeal will abide and follow the result.


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