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Subramania Pillai and anr. Vs. Venkatachalam Pillai - Court Judgment

LegalCrystal Citation
Subject Family
CourtChennai
Decided On
Reported inAIR1930Mad740
AppellantSubramania Pillai and anr.
RespondentVenkatachalam Pillai
Excerpt:
- .....a will. the sub-registrar and the district registrar refused to register the will. plaintiff 1 filed this suit for registration. such a suit must be regarded as one filed in a representative capacity as, if the will is finally registered, all the legatees (and not merely plaintiff l) will get the benefit.2. plaintiff 1 then died. plaintiff 2 is certainly entitled to continue the suit as one of the persons represented by plaintiff 1. only in that sense can he be the legal representative of plaintiff 1. but as to the specific rights of plaintiff 1 under the will, he may not be the legal representative. in fact defendants 1 and 2 say they are the legal representatives of plaintiff 1 so far as his particular rights are concerned. this matter is left open. plaintiff 2 may be the legal.....
Judgment:
ORDER

Ramesam, J.

1. Plaintiff 1 and plaintiff 2 were legatees under a will. The Sub-Registrar and the District Registrar refused to register the will. Plaintiff 1 filed this suit for registration. Such a suit must be regarded as one filed in a representative capacity as, if the will is finally registered, all the legatees (and not merely plaintiff l) will get the benefit.

2. Plaintiff 1 then died. Plaintiff 2 is certainly entitled to continue the suit as one of the persons represented by plaintiff 1. Only in that sense can he be the legal representative of plaintiff 1. But as to the specific rights of plaintiff 1 under the will, he may not be the legal representative. In fact defendants 1 and 2 say they are the legal representatives of plaintiff 1 so far as his particular rights are concerned. This matter is left open. Plaintiff 2 may be the legal representative only for continuing the suit, but at present we cannot say he is the legal representative in respect of plaintiff 1's particular right. This is probably what was meant by the Subordinate Judge but his language is apparently inconsistent. I have now made the matter clear. There will be no order as to costs.


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