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Madras High Court

Oodayanasamy Tevar And Anr. vs Alagappa Chetty And Anr. on 4 September, 1903

Equivalent citations: (1904)14MLJ342

JUDGMENT

1. The objection that the consent of the guardian was not obtained before he was appointed, was not taken in the petition to set aside the sale and he is now appealing as guardian on behalf of the minor. It is at best a mere irregularity. See Mussumat Bibi Walian v. Banke Behari Per shad Singh 7 C.W.N. 774. No notice was necessary to the father's representatives. The suit was against a father and sons forming a joint Hindu family and it was, therefore, quite unnecessary to join the sons as representatives of the father on his death. The appeal is dismissed with costs.