High CourtsDivision Bench(1909) 09 MAD CK 0045

Kicha Reddiar vs Reddi Appa Reddiar and Others

Madras High Court · Decided on 24 September 1909 · Citation: 4 Ind. Cas. 1076

HON’BLE JUDGES
Ralph Benson, O.C.J. · Sankaran Nair, J

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Judgment

7 paragraphs · 171 words
1.

The plaintiff obtained a decree for redemption against the defendants Nos. 1 to 4. The defendants Nos. 1 an 3 appealed against the decree and

the decree of the first Court was reversed and the suit dismissed. The decree for redemption directing payment of the mortgage amount to

defendants Nos. 2 and 4 jointly with defendants Nos. 1 and 3 should not have been reversed in their absence. They were (sic) parties to the

appeal and the Subordinate Judge should have either dismissed the appeal or made them parties. As the defendants Nos. 2 and 4 were ex parte in

the first Court and are the sons of the 1st defendant, who had appealed and sufficiently represented their interests, we think it is, a fit case to make

them parties. We accordingly reverse the decree of the lower appellate Court, direct the District Court to make the defendants Nos. 2 and 4

parties to the appeal and proceed to dispose of it according to law. Costs will abide the result.