NAGAMMA Vs. CHIN BASAPPA

JUDGEMENT

(1.) This appeal is against the judgment of Ansari J. (as he then was) with his leave under Clause 15 of the Letters Patent,

(2.) The material facts leading to this appeal may be briefly narrated. One Basi Reddy executed a document on 24/04/1941 to evidence a loan of Rs. 1425.00 in favour of two persons, Rarcanna and Chinna Basappa. A suit was brought by the two promisees for recovery of the money due, under the document against the heirs of the executant, who died in the meantime. Pending the suit, Ramanna died and another Basappa was brought on record as his legal representative.

(3.) The suit was inter alia resisted on the objection that it was not competent for two of the promisees alone to raise the action as they were only two of the three members of the joint family and that by the lime the third member was impleaded its a party the period of limitation had already expired.