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Rengathammal Vs. Venkatachariar and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily ;Civil
CourtChennai
Decided On
Reported inAIR1930Mad575
AppellantRengathammal
RespondentVenkatachariar and ors.
Excerpt:
- jackson, j.1. the point here raised is whether when a member of a hindu joint family has been sued on a pro-note and dies, his brothers may be impleaded as legal representatives. it is argued that they can be so impleaded, no matter whether the deceased did or did not own an estate. they are the legal representatives on the hypothesis that he had an estate, and questions of reality can be left to execution.2. i think such a view would unnecessarily harass the parties so impleaded. it must be shown prima facie that the deceased has an estate before the first definition in section 2 (11) civil p.c., applies and in the record of this particular case there is no such showing. the petition is dismissed with costs.
Judgment:

Jackson, J.

1. The point here raised is whether when a member of a Hindu joint family has been sued on a pro-note and dies, his brothers may be impleaded as legal representatives. It is argued that they can be so impleaded, no matter whether the deceased did or did not own an estate. They are the legal representatives on the hypothesis that he had an estate, and questions of reality can be left to execution.

2. I think such a view would unnecessarily harass the parties so impleaded. It must be shown prima facie that the deceased has an estate before the first definition in Section 2 (11) Civil P.C., applies and in the record of this particular case there is no such showing. The petition is dismissed with costs.


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