Chennai Court September 1909 Judgments

Mayil Kotta Vatakka Veettil Kunchunni Nair and Ors. Vs. Kundur Kuttala ...

Court: Chennai

Reported in: 5Ind.Cas.758a

1. The Subordinate Judge has dismissed the suit, owing, it would seem, to a misapprehension of the true import of the expression 'irrevocable'. In the former suit the plaintiffs claimed the right to revoke the authority given to the first defendant, and based their suit altogether upon this right. This Court held they had no such right and dismissed the plaintiff's appeal expressly upon that ground. In the present proceedings the claim is not based solely upon a right to revoke the authority the plaintiffs ask the Court to dismiss the first defendant for misconduct and to take an account of what is due from the defendants and decree payment thereof together with the damages for loss occasioned by the first defendant's misfeasance. The first defendant has died since the suit was dismissed and we have only to decide whether the plaintiffs had, when the suit was instituted, a good cause of action and what is the effect, if any, of the first defendant's death pending the appeal.2. The plai...