KUNCHIKAVU Vs. KESAVAN NAYAR

JUDGEMENT

(1.) This Revision Petition is from an Interlocutory Order passed by the Sub-Judge, Ottapalam in O. S. No. 39 of 1954 of that court.

(2.) The suit is for arrears of maintenance from the Tarwad. Pending trial, the plaintiff died and his son, the respondent here, applied to get himself impleaded as the legal representative of his father on the strength of a will. The defendant opposed the application questioning the genuineness and validity of the will. The learned Sub-Judge ordered the respondent to be impleaded, adding that the genuineness of the will, will be considered in the suit.

(3.) The appellant contends that the learned Sub-Judge erred in permitting the respondent to be impleaded without first deciding whether he was in fact the legal representative of his father.