(1.) The Court delivered the following: By my judgment dt.25-10-1971, the second appeal was dismissed. The appellant fied a review petition which was admitted on 10-3-1972 and the matter is set down for hearing today after notice to Counsel for the respondents.
(2.) Heard Counsel for both the parties, I recall my judgment dt.25-10-71 and now proceed to dispose of the second appeal by the following judgment. The plaintiff is the appellant. He has lost in both the Courts below. His suit was for possession of certain lands and also for partition and possession of two thirds share in a house and site. In 1951, the plaintiff was a minor. He was represented by his mother in a compromise entered into with defendant-1 in respect of the suit properties amongst others. After attaining majority the plaintiff has challenged the compromise on the ground that it was not beneficial or binding on him. He instituted CS. No. 15 of 1959 out of which this second appeal arises.
(3.) The suit was dismissed on the ground, among others, that it was barred by time, as it was not brought within three years after the plaintiff attained majority. The Courts below have stated that the plaintiff completed his eighteen years of age on the midnight of 5-12-1955 and he was a major on 6-12-1955. The end of three years from the date of attaining majority would be 5-12-1958 and the suit ought to have been filed on 6-12-1958 at the latest and the one filed on 8-12-1958 was therefore beyond the period.