Muthuveeraswami Nayudu v. V.T.A.L. Annamalai Chettiar

The Lower Court without dealing with the objections raised has made an Order directing the decree to be transferred to another Court. The application was to bring on record, the legal representatives of certain deceased parties and to transmit the decree to another Court for execution. Notice was not served on all the persons on whom it should have been served. Defendants 4 to 6 raised the objection that they were not the legal representatives of defendants 1 and 7. The learned Judge observed:

“In the natural course, they will be the legal representatives of defendants 1 and 7”.

In this, he is not correct. If the 1st defendant had left a widow for instance, defendants 3 to 6 would not be his legal representatives in respect of his personal property. The learned Judge apparently did not bring to bear his mind upon the question as he left it to be decided by the Court to which he directed the decree to be transferred.

Another plea put forward raised a question of limitation. Even this, the Judge did not deal with.

In our opinion, the objections must have been considered by the Judge. The question as to who are the legal representatives must be decided by the Court which passed the decree. See Swaminatha Aiyar v. Vaidyanatha Sastri. Whether the decree was barred by limitation or not is also a question to be determined by the Court which passed the decree. See Rajitagiripathy v. Bhavani Sankaran.

The order is set aside and the Lower Court is directed to deal with the application according to law.

No order is necessary in the Civil Revision Petition.

We make no order as to costs on either side.

W. S. S.Order set aside.