KRISHNA MENON Vs. KUTHIRAVATTATHU ESTATE MANAGER

JUDGEMENT

(1.) This is a revision by the first respondent in I. A. No. 1615/1957 on the file of the sub-court, Ottapalam, filed against the order of the learned Subordinate Judge dated 15th October 1958 in I. A. 1615/1957.

(2.) O. S.17/1953 was instituted by the Kuthiravattom Valia Nair, represented by the Court of Wards, as next friend. The suit was for recovery of possession of certain properties from the various defendants on the ground that they belong to the Kuthiravattom estate. The Kuthiravattom Nair died on 23-5-1957 and the present application, I.A. 1615/57, was filed by the manager of the court of wards to implead him as supplemental plaintiff in the suit and to permit him to continue further proceedings in that litigation. This application was opposed by the respondents 1 and i in that I. A. 1615/57. The grounds on which the application filed by the Manager of the Court of wards was opposed, are that the court of wards functions only as next friend under S.50 of the Madras Court of Wards Act, 1902 and it has no power to continue the proceedings as legal representative of Kuthiravattath Nair on his death. Further objection was also taken that even assuming the court of wards has got power to come on record and continue the proceedings, the application filed by its manager was not in proper form.

(3.) The learned Subordinate Judge, after a consideration of the various aspects, came to the conclusion that the application filed on behalf of the court of wards must be allowed. The learned Judge has placed reliance upon a decision of the Nagpur High Court in Firm Gabrulal v. Court of Wards (AIR 1933 Nagpur 85) to which I will refer later in this judgment. Also basing his view upon the provisions of S.61 of the Madras Court of Wards Act. 1902, the learned Judge came to the conclusion that in view of the fact that there is a dispute regarding succession to this estate, the court of wards was entitled to retain the superintendence and as such, to come on record and continue the suit originally filed in its capacity as the next friend of Kuthiravattath Nair. The learned Judge also overruled the objection raised on behalf of the contesting parties that the manager has no right to come on record and continue the proceedings.