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Noothi Subbarayadu (Deceased) and ors. Vs. Dara Lingayya Garu Suryapracharalingam Garu - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1908)18MLJ461
AppellantNoothi Subbarayadu (Deceased) and ors.
RespondentDara Lingayya Garu Suryapracharalingam Garu
Excerpt:
- 1. a preliminary objection is raised whether the appeal was filed on behalf of the plaintiff. the plaintiff was dead, and the pleader was not, therefore, entitled to act for him under the vakalatnama in his favor. this may be so. but, in the circumstances of the case, we treat the appeal as having been properly filed when the present appellants, the plaintiff's representatives, were made parties to the appeal, and we excuse the delay under s5 of the limitation act. on the merits, no question of law arises on the facts found, and we, therefore, dismiss the second appeal with costs.
Judgment:

1. A preliminary objection is raised whether the appeal was filed on behalf of the plaintiff. The plaintiff was dead, and the pleader was not, therefore, entitled to act for him under the vakalatnama in his favor. This may be so. But, in the circumstances of the case, we treat the appeal as having been properly filed when the present appellants, the plaintiff's representatives, were made parties to the appeal, and we excuse the delay under S5 of the Limitation Act. On the merits, no question of law arises on the facts found, and we, therefore, dismiss the second appeal with costs.


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