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Byreddi Narakka and anr. Vs. Chinna Narayana Reddi and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad331
AppellantByreddi Narakka and anr.
RespondentChinna Narayana Reddi and anr.
Excerpt:
civil procedure code, section 32 - suit by father for joint property--transportation of father--sons added as plaintiffs. - .....years ago. the eldest son sued the representatives of the rest of the family for his share in his father's estate. he has since been transported for life. the children of the convict have applied to be made co-plaintiffs:2. the judge has held the father civiliter mortuus. we cannot accede to that view. although he has been sentenced to transportation for life, he has not been deprived of power to hold property nor to maintain suit; but, seeing : that the children would be co-owners with their father in ancestral estate, we are not prepared to hold they were improperly made parties. it is true they would be in law sufficiently represented by their father, but in fact they might not be represented effectually, and, under the circumstances, we consider it was proper to grant their.....
Judgment:

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

1. Plaintiff is one of three brothers; they and their father divided some years ago. The eldest son sued the representatives of the rest of the family for his share in his father's estate. He has since been transported for life. The children of the convict have applied to be made co-plaintiffs:

2. The Judge has held the father civiliter mortuus. We cannot accede to that view. Although he has been sentenced to transportation for life, he has not been deprived of power to hold property nor to maintain suit; but, seeing : that the children would be co-owners with their father in ancestral estate, we are not prepared to hold they were improperly made parties. It is true they would be in law sufficiently represented by their father, but in fact they might not be represented effectually, and, under the circumstances, we consider it was proper to grant their application. For these reasons, we dismiss the appeal with costs.


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