G.F.F. Foulkes And Ors. vs A.S. Suppan Chettiar And Anr. on 22 July, 1949
42. Mr. Nambiar's next contention was that it ig not open to the plaintiffs to file an administration suit when they could get the relief they now claim against defendant 1 in execution of their decrees. For this contention, ho sought support in the judgment of Somayya J. in Venugopala Naidu v Valambal Ammal, 1942-1 M. L. J. 680 : (A. I. R. (29) 1942 Mad. 588). The answer to this contention is twofold. There is nothing in the circumstances of this case to preclude the plaintiffs from filing an administration suit simply because they could have obtained a personal decree against the administrator under Section 52(2), Civil P. C. Moreover, the suit was not only against the administrator but also against alienees and creditors and these latter could not have been made parties to the proceedings in execution of the plaintiffs' decrees. Another answer is that the suit must be deemed to have been filed not only on behalf of the plaintiffs in their individual right but also in a representative capacity on behalf of all the ere-ditors. Surely, it cannot be maintained that the tight of the creditors as a body could be agitated in the execution proceedings. Mr Nambiar cannot be heard to aay this is not a suit in a representative capacity, because it was on that ground that we have held that the appeal did not abate though the legal representatives of respondent 2, were not brought on record in time.