BARABAIL GUDDAPPA RAI Vs. YAMUNAMMA

JUDGEMENT

(1.) THE property concerned was mortgaged in 1914. It was sold to the mother of the soldiers who are now concerned in 1919, who paid some part of the sum but has never paid the greater part of the amount. A "mortgage suit O.S. No. 12 of 1938 was filed and the property was sold in execution to Bakrabail Guddappa Rai, the petitioner in G.R.P. No. 1469 of 1943, In my previous order I indicated that it was necessary to ascertain whether the sons of Yamunamma are interested in the present proceedings and if so whether their interests are likely to be prejudiced. THE learned Subordinate Judge of South Kanara to whom this matter was referred has found on ample material that they are not interested at all. I entirely agree. THE position amounts to no more than this that Yamunamma personally incurred responsibility for this purchase. She alone was a party to the suit. I do think that a certificate under Section 7 of the Indian. Soldiers (Litigation) Act (IV of 1925,.) as amended has any validity unless the soldier to whom the certificate is issued is in fact interested in the proceedings. If it were not so it would be possible for unscrupulous persons to obtain certificates by falsely representing that a soldier's interests were involved and thereby hold up a great deal of the litigation in this Presidency. THE object of the Act and the Amending Ordinance is to protect soldiers who are involved in litigation or whose interests are affected by litigation. In this case it is clear that the interests of the soldier are not involved. All he wants is time to raise money to pay an obligation which had existed for twenty years before the war broke out and which is not his but his mother's His affidavit is virtually a plea ad misericordiam.

(2.) IN the result there will be an order assayed in R.E.P. No. 194 of 1943. As I think that Yamunamma, the mother has put up a dishonest obstruction to these proceedings by endeavouring to introduce her soldier son into them I shall direct that she shall pay the petitioner's costs of this, civil revisisn petition.