Karri Bapanna And Anr. vs Sunkari Yerramma And Ors. on 22 February, 1923
2. It is significant that in the issues framed in the first Court the pleas of fraud" and collusion were given up and on turning to the plaint I do not find that any of the pleas in it were advanced. It is now argued that negligence apart from fraud and collusion would have been a good plea but it is not to be found in the plaint and the issues. Considering that it is a question of fact it is too late to take the point as the learned Subordinate Judge has taken it in appeal. That negligence is a question of fact is laid down in Karri Bapanma v. Yerramma (1923) 45 MLJ 324. The only valid point for his determination was Issue No. II. The learned Subordinate Judge agrees with the District Munsif that the consent of the guardian ad litem may fairly be presumed from the fact that he accepted the summons and I also agree. He finds, however, that the appointment was void because the in terest of the brother was adverse to that of the 2nd plaintiff.