N KAYAMBU PILLAI Vs. LAKSHMI AMMANI AMMAL BY GUARDIAN AD LITEM THE MANAGER OF COURT OF WARDS FOR MARUNGAPURI ESTATE

JUDGEMENT

(1.) Horwill, J., made an order dis-paupering the appellant and its correctness is questioned in this Letters Patent Appeal.

(2.) The suit was filed by one Duraiswami in 1928 against the Court of Wards for the recovery of Marungapuri estate. He was allowed to institute the suit in forma pauperis, and died in 1929, and was succeeded by his son Ponnuswami, who brought himself on the record and continued the action. The suit was dismissed in 1930. Ponnuswami was allowed to file the appeal as a pauper and died in 1935 during its pendency. The present appellant Kayambu Pillai, being the executor under Ponnuswami's will was then brought on the record as his legal representative. The petition in question was filed by the Court of Wards to dispauper the appellant on the ground that his predecessors in interest, i.e., Duraiswami and Ponnuswami had entered into certain agreements of the kind contemplated1 by Clause (e) of Order 33, Rule 5, Civil Procedure Code.

(3.) The first question that arises is, whether the agreements, having regard to their nature, fall within the provision above mentioned, in other words, does a third party obtain under them an interest in the subject-matter of the action? The agreements referred to were executed in favour of this very Kayambu Pillai. Besides these agreements, there were also in his favour two powers of attorney. The effect of these transactions was, that Kayambu Pillai was to be the agent, first of Duraiswami, and then of Ponnuswami, for conducting the litigation, receiving in the first instance, a salary of Rs. 1,000 a month--to be increased to Rs. 2,000 after possession of the estate was obtained. He had the right to remain as agent fora period of 25 years, this period, as Horwill, J., points out being sufficient not only to carry the appellant over the present litigation but to enable him to continue in possession of the estate and the collection of its moneys for a considerable time after the zamindari was recovered - if the litigation should prove successful.