Thukkaram vs Shanthi Varadharajan on 17 December, 2014
21. A plain reading of Section 146 C.P.C., shows that it is an enabling provision. All that it says is that what can be done by a person, can always be done by another claiming under him. As a corollary, what cannot be done by a person, cannot also be done by someone claiming under him. This is on account of the fundamental principle, no one can confer a better title than what he himself has (Nemo dat qui non habet). This is the observation of the learned Single Judge of this Court in C. Rameswaran and 4 others vs. N. Sambandam and 8 others (2009 (2) CTC 119).