MARAMREDDI RAMIREDDI, MINOR BY GUARDIAN AND NATURAL MOTHER, NAGABHUSHANAMMA Vs. VALLAPAREDDI RAMAKRISHNAREDDI

JUDGEMENT

(1.) Kamamma filed a suit for a declaration that she was the owner of certain property and for an injunction restraining the defendants from interfering with her possession.

(2.) The husband of Kamamma entered into an agreement with his brother whereby he was to enjoy the suit land for his lifetime, after which it was to pass to his brother absolutely. The widow claimed that that agreement was not binding on the estate, which she represented, and that in any event she had become the owner of the property by adverse possession. Her suit was dismissed. She in due course filed an appeal (A.S. No. 434 of 1945); but before she did so she had adopted the present appellant. He, however, was not made a party to the appeal; and some time after the appeal had been filed the widow died. The appellant then sought to be brought on record as her legal representative. Thereupon, two applications were filed; I.A. No. 773 of 1945 under Order 22, Rule 3, for the appellant to be brought on record as the legal representative, and again on the date of hearing, I.A. No. 118 of 1946 under Order 22, Rule 10 of the Civil Procedure Code, and Order 1, Rule 10 of the Civil Procedure were filed. These petitions were dismissed on the ground that the appellant was not the legal representative of the widow and that as her interest had not devolved upon him he could not be added as a party under Order 1, Rule 10 of the Civil Procedure Code. Upon his applications being dismissed, the appeal was held to have abated.

(3.) Against the order on the petition filed under Order 22, Rule 3 of the Civil Procedure Code, C.R.P. No. 1418 of 1946 has been filed; and against the order in I.A. No. 118 of 1946, C.M.A. No. 619 of 1946 has been filed.