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Vanjinathayar Vs. K.G. Vaithianathayar and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in16Ind.Cas.798
AppellantVanjinathayar
RespondentK.G. Vaithianathayar and ors.
Excerpt:
civil procedure code (act v of 1908), order xxii, rule 5 - application by adopted son of plaintiff to be brought on record as plaintiff--necessity for inquiry. - 1. the adopted son of the deceased plaintiff applied to be made a plaintiff as the legal representative of the deceased. his adoption and representative character is denied by the defendants. therefore, under order xxii, rule 5, civil procedure code, the court was bound to decide whether he was the legal representative or not. the fact that he is not the sole legal representative and that the others are already on record as representatives and that the adopted son is willing to be defendant, does not affect the question. the order of the sub-judge is set aside. he will restore the application to his file and deal with it with reference to the above observations. costs will abide the result.
Judgment:

1. The adopted son of the deceased plaintiff applied to be made a plaintiff as the legal representative of the deceased. His adoption and representative character is denied by the defendants. Therefore, under Order XXII, Rule 5, Civil Procedure Code, the Court was bound to decide whether he was the legal representative or not. The fact that he is not the sole legal representative and that the others are already on record as representatives and that the adopted son is willing to be defendant, does not affect the question. The order of the Sub-Judge is set aside. He will restore the application to his file and deal with it with reference to the above observations. Costs will abide the result.


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