GOPALRAO MANOHAR TAMBEKAR Vs. HARILAL SUBRAI SEVAK

JUDGEMENT

(1.) This was a suit brought by the respondents Nos. 1 to 13 as plaintiffs against the appellant as defendant No. 1 and respondent No. 13 (Bai Dhanlaxmi) as defendant No. 2 in the Court of the Second Class Subordinate Judge at Umreth, to recover the arrears of an annuity and a sidha allowance for 8 years from Samvat 1945 to 1949 and from Samvat 1957 to 1959. The plaintiffs claimed the arrears as shewaks of Ranchod Raiji's temple at Dakore, of which defendant No. 1 is manager and trustee. Respondent No. 14 was joined as defendant No. 2 in the suit because she claimed half the arrears as widow of one Ramchandra, a member of the family of the respondents 1 to 13 and these respondents contested her right upon the ground that no female member of the family was entitled to the annuity, wholly or partially. The Subordinate Judge held that the right of the first 13 respondents was barred by limitation; so far as the arrears claimed for Samvats 1945, 1946 and 1947 were concerned he found that the said respondents were entitled to half the arrears in respect of the other years in suit and respondent No. 14 to the other half; and after ordering that respondent to be made a co- plaintiff in the suit, he passed a decree in accordance with his findings.

(2.) Cross appeals from that decree were preferred in the District Court at Ahmedabad by respondents 1 to 13 and the present appellant. The first Class Subordinate Judge, who heard the appeals, upheld the decree except on certain points and among them the point of limitation as to the arrears for Samvat 1945, 1946 and 1947.

(3.) It has been objected before us that the Subordinate Judge in the Court of first instance wrongly made respondent No. 14 a plaintiff in the suit, whereas she was only a defendant. The Subordinate Judge had power to do that under Section 32 of the Civil P. C. and the appellant has not pointed out any prejudice caused to him thereby. Respondents No. 1 to 13, who were the plaintiffs who had originally sued, do not complain of the Subordinate Judge's order.