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PETITIONER: KAKUMANU PEDA SUBBAYYA ANDANOTHER
Vs.
RESPONDENT: KAKUMANU AKKAMMA AND ANOTHER
DATE OF JUDGMENT: 04/09/1958
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA GAJENDRAGADKAR, P.B. SARKAR, A.K.
CITATION: 1958 AIR 1042 1959 SCR 1249
ACT: Hindu Law-Partition-Suit for Partition on behalf of minor -Severance of joint status-Death of minor pending suit- Abatement-Right of legal representative to continue suit.
HEADNOTE: In a suit instituted on behalf of a Hindu minor for partition of the joint family properties, the minor plaintiff died during the pendency of the suit and his mother as the legal representative was allowed to continue the suit as the second plaintiff, and the suit was decreed as it was found that the defendants had been acting against the interests of the minor and that the suit for partition was therefore beneficial to him. It was contended for the appellants that the suit had abated by reason of the death of the minor before the suit was heard and before the Court could decide whether the institution of the suit was for his benefit. Held, that when a suit is instituted by a person acting on behalf of a minor for the partition of the joint family properties, a declaration made by him on behalf of the minor to become divided brings about a severance in status, subject only to the decision of the Cour...