VELLAYAN CHETTIAR Vs. PROVINCE OF MADRAS

JUDGEMENT

(1.) THIS appeal, which is brought from a judgment and decree of the High Court of Judicature at Madras, reversing a decree of the Subordinate Judge of Devakottai, raises a question of some importance upon Section 80 of the Code of Civil Procedure.

(2.) THE suit in which the appeal is brought was instituted by two plaintiffs, Al. Ar. Vellayan Chettiar and Rao Bahadur, D. A. P. , R. M. Arunachalam Chettiar against the respondents the Government of the Province of Madras and the Municipal Council of Karaikudi claiming to have set aside the decision of the Appellate Survey Officer in regard to certain land in Karaikudi village by declaring that such land belongs to them with other appropriate relief.

(3.) IT was not and could not be seriously contended that this notice was given on behalf of anyone except plaintiff No.1 though it contained a single reference to proprietors (in the plural) of the village.