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Oodayanasamy Tevar and anr. Vs. Alagappa Chetty and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1904)14MLJ342
AppellantOodayanasamy Tevar and anr.
RespondentAlagappa Chetty and anr.
Cases ReferredSee Mussumat Bibi Walian v. Banke Behari Per
Excerpt:
- - it is at best a mere irregularity.1. the objection that the consent of the guardian was not obtained before he was appointed, was not taken in the petition to set aside the sale and he is now appealing as guardian on behalf of the minor. it is at best a mere irregularity. see mussumat bibi walian v. banke behari per shad singh 7 c.w.n. 774. no notice was necessary to the father's representatives. the suit was against a father and sons forming a joint hindu family and it was, therefore, quite unnecessary to join the sons as representatives of the father on his death. the appeal is dismissed with costs.
Judgment:

1. The objection that the consent of the guardian was not obtained before he was appointed, was not taken in the petition to set aside the sale and he is now appealing as guardian on behalf of the minor. It is at best a mere irregularity. See Mussumat Bibi Walian v. Banke Behari Per shad Singh 7 C.W.N. 774. No notice was necessary to the father's representatives. The suit was against a father and sons forming a joint Hindu family and it was, therefore, quite unnecessary to join the sons as representatives of the father on his death. The appeal is dismissed with costs.


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