KANAPARTHI SRINIVASA RAO Vs. KANAPARTHI VENKATANARASAMMA

JUDGEMENT

(1.) This is an appeal against the order of the Subordinate Judge of Masulipatam on C.M.P. No. 1249 of 1922.

(2.) In O.S. No. 45 of 1920, the plaintiffs-minors appeared by their next friend and he exonerated the 1 defendant. The minors now apply to have the matter re- opened. No one appears for first defendant.

(3.) The point for determination is whether the learned Judge's concluding remark as justified: Even if it be held that my predecessor ought to have made some enquiry before allowing the next friend to give up 1 defendant, I think as a successor I cannot re-open the suit.