KANARAN NAMBIAR Vs. RAMUNNI NAMBIAR

JUDGEMENT

(1.) This is an application filed by the 18th respondent to transpose him as the supplemental appellant in this Second Appeal.

(2.) The Second Appeal was preferred by the 2nd defendant alone in his capacity as the karanavan of the thavazhi of defendants 1 to 36. He died on 15-6-1959. Before his death, the arguments on the Second Appeal were fully heard and the case was reserved for judgment. But, the learned Judge who heard the case did not pronounce the judgment, and has retired. The case was, therefore, reposted for hearing of arguments; and then the fact of the death of the sole appellant in the case was brought to the notice of the court. The 18th respondent, being the successor in office of karnavanship in the thavazhi of defendants 1 to 36, applied on 22-6-1960, by C.M.P. No. 2877 of 1960, to record him as the legal representative of the deceased appellant in the Second Appeal. There were 82 respondents in the Second Appeal. Therefore, the 18th respondent has impleaded respondents numbers 1 to 17 and 19 to 82 as respondents to the said application for recording him as the legal representative of the appellant. The same day, i. e., on 22-6-1960, he had also filed the instant application [CMP. No. 2878 of 1960] to transpose him as supplemental appellant in the Second Appeal.

(3.) On the application for recording the 1 8th respondent as legal representative [viz., CMP. No 2877 of 1960], it was ordered: Notice to the proposed party.