ISHAR SINGH Vs. PRITAM SINGH JIWAN SINGH

JUDGEMENT

(1.) This is an appeal under Clause 10 of the Letters Patent against the order of Dulat, J., affirming the decisions of the Court of first appeal and the trial Court dismissing the suit of the appellant Ishar Singh.

(2.) Briefly the facts are that one Punjab Singh had brought two suits for possession of land in which he was financed by Pritam Singh respondent on condition that Punjab Singh would make over half of the land gained by him in the event of his success. Punjab Singh succeeded in obtaining possession of about 78 bighas of land as the result of his suits, but apparently he did not carry out his part of the bargain and Pritam Singh was then forced to institute a suit for possession of his half share i. e., about 39 Bighas. Pritam Singh succeeded in the trial Court but his suit was dismissed in first appeal, and when the second appeal came to this Court the parties compromised and Pritam Singh as a result of the compromise was given about half the land he was claiming, some 19 bighas.

(3.) The matter was, however, complicated by the fact that during the pendency of the appeal Punjab Singh had died and his place was taken by his legal representatives who were his son Kartar Singh and the minor son of a predeCased son Jshar Singh, the present appellant, and when the compromise was reached in this Court it was apparently lost sight of by Kartar Singh, the guardian ad litem of his minor nephew, that an application under Order XXXII Rule 7 Civil Procedure Code ought to have been filed for the permission of the Court to enter into the compromise on behalf of the minor.