![]() ![]() The respondent preferred an appeal to the District Court of South Arcot. The District Munsif held that the will under which the respondent claimed the property of the deceased plaintiff was not genuine and dismissed his petition. 451 of 1922, on the file of the District Munsif's Court of Villupuram died pending the suit and the respondent herein applied to be brought on record as the legal representative of the plaintiff. The two proceedings are different see Balabai v. It was distinguished in Venkata Sheshamma v. Veerayee, is distinguishable if not, it is incorrect. Hence it is not appealable as a decree, see Lakshmi Achi v. This legal representative petition does not concern ‘parties to’ or ‘matters in’ the suit. The order does not amount to a decree see definition of decree and section 2(2) of Civil Procedure Code. Against such an order there was an appeal under old Civil Procedure Code under clause (18) of section 588. He referred to Order XXII, rules 3 and 5, corresponding to sections 365 to 367 of old Civil Procedure Code. The remedy of the only legal representative is to file a suit against defendant for a declaration that he is the legal representative and if he succeeds in the suit he may revive the suit. Bashayam for appellant.-The order as an order is not appealable see section 104 and Order XLIII, Civil Procedure Code. It is only on account of the enactment of section 146 no appeal is provided from the order. Section 146, Civil Procedure Code, gives the right to continue the suit if there is no rival claimant, even if there be no order of the Court bringing the claimant on record. Order XXII deals only with cases of rival claimants. ![]() A question as to who is the legal representative is a question in the suit Venkata Reddy v. Hence there is an appeal Ayya Mudali Velan v. But the effect of the order is to make it equivalent to a decree. Nagaraja Ayyar (with K.S Jayarama Ayyar) for respondent.-In terms, there is no right of appeal against the order under the new Code.
0 Comments
Leave a Reply. |