P B RAMMOHANREDDY Vs. CHINTAL ACHAIAH

JUDGEMENT

(1.) The minors Ram Mohan Reddy and Jayashree, son and daughter of one Balwanth Reddy, per maternal grand-father Bala Reddy as their next-friend filed a suit in the Court of the Chief Judge, City Civil Court, against their mother, Anasuya Devi, as defendant No. 1 and 25 others who are the alienees of their joint family properties. The suit was filed for a declaration that the alienations of the joint family properties, effected by their father, were not binding on them, and for setting aside those alienations. The mother of the plaintiffs i.e., defendant No. 1 remained ex parte but the other defendants contested the suit.

(2.) The plaint was presented in the court of the Chief Judge, City Civil Court, Hyderabad on 15-9-1967. For the purposes of payment of court-fee and jurisdiction the suit was valued at Rs, 1,000/-. By virtue of the powers vested in him, under Section 12 of the Andhra Pradesh (Telegana Area) City Civil Court Act (No. 36) of 1954 (hereinafter referred to as the C.C.C. Act) for the distribution of the business of his court among the various Judges thereof the Chief Judge, City Civil Court, allotted the said suit to the II Asst. Judge, City Civil Court, Hyderabad.

(3.) Six days after the presentation of the plaint in the court of the Chief Judge, City Civil Court i.e., on 21/09/1967 the 1st plaintiff, Ram Mohan Reddy died. A petition under Order XXII, Rule 3, C. P. C. for bringing the legal representatives of the deceased 1st Plaintiff on record, was filed on 15-11-1967. It was alleged in L. R. petition that the 1st plaintiff died leaving behind him his sister, plaintiff No. 2 and his mother defendant No. 1, as his heirs; that both of them were already on record as parties to the suit and that, defendant No. 1 may be transposed from the array of the defendants to the array of the plaintiffs. The suit and the petition were not till then, numbered.