Soopiyadath Kunhammad, Karnavan of his Tarwad (dead) and Another vs Soopiyadath Amad and Others

We do not think that the reason given by the District Munsif for refusing to make the plaintiffs a party to the execution proceedings was correct. He, no doubt, ought to have inquired into the question as to whether the plaintiff was the legal representative of the deceased Moosa, or not. But without doing so he dismissed the plaintiff''s petition to be made a party. It was, however, open to the plaintiff to appeal against that order see Narayanasami Reddi v. Osuru Reddi ILR (1901) M. 548 but he did hot do so. His remedy was by appeal, and having failed to take that remedy, he cannot now bring a separate suit to obtain the remedy. We, therefore, dismiss this second appeal with costs.