BHAVANI AMMA Vs. GOVINDA PILLAI

JUDGEMENT

(1.) WHEN this matter came before this Court in C. R. P. 584/51 it was remanded with the direction that the learned Munsiff should enter definite findings on the question of limitation and also as to whether plaintiff's next friend was guilty of negligence in conducting the case. I am constrained to observe that the disposal after remand is still unsatisfactory.

(2.) THE plaintiff's next friend on behalf of the plaintiff sued for redemption of a mortgage. THE suit was not diligently prosecuted and was dismissed on 32. 10. 1124. THE plaintiff filed a restoration petition on 9. 4. 1126/24-11. 1950 alleging that his next friend was guilty of gross negligence, fraud and collusion and that these brought about the dismissal of the suit. THE trial court found that the next friend was negligent in the conduct of the case and that the question of limitation did not therefore arise. THE petition was accordingly allowed and the defendant has again come for revision.

(3.) IN the result, I reverse the order of Court below and allow the Civil Revision Petition. There will be no order as to costs. Allowed.