MUTHUVEERASWAMI NAYUDU Vs. VTALANNAMALAI CHETTIAR

JUDGEMENT

(1.) The lower Court, without dealing with the objections raised has made an order directing the decree, to be transferred to another Court. The application was to bring on record the legal representatives of certain deceased parties and to transmit the decree to another Court for execution. Notice was not served on all the persons on whom it should have been served. Defendants Nos. 4 to 6 raised the objection that they were not the legal representatives of Defendants Nos. 1 and 7. The learned Judge observed : " In the natural course they will be the legal representatives of Defendants Nos. 1 and 7." In this he is not correct. If the first defendant had left a widow for instance, Defendants Nos. 3 to 6 would not be his legal representatives in respect of his personal property. The learned Judge apparently did not bring to bear his mind upon the question, as he left it to be decided by the Court to which he directed it to be transferred.

(2.) Another plea put forward raised a question of limitation. Even this the Judge did not deal with.

(3.) In our opinion the objections must have been considered by the Judge. The question as to who are the legal representatives must be decided by the Court which passed the decree. See Swaminatha Ayyar V/s. Vaidyanatha Sastri [1906] 28 Mad.466. Whether the decree was barred by limitation or not is also a question to be determined by the Court which passed the decree. See Rajilagiripathy v. Bhawanisanharan A.I.R. 1924 Mad.673.