DAYALA ALIAS DAYAL SINGH Vs. GIAN SINGH

JUDGEMENT

(1.) This is a defendants' appeal against an appellate decree of Mr. Sham Lal, Subordinate Judge, Dharamsala, dated the 18th February, 1949 modifying the decree of the trial Court and reducing the area gifted in favour of the donee from 19 kanals 4 marlas to 9 kanals 10 marlas.

(2.) The following pedigree-table of the parties will show their relationship :

(3.) This appeal is filed by Dayala both on behalf of himself and on behalf of his minor daughter. A preliminary objection is raised that Dayala had no right to bring the suit and that the donee was not properly represented because the only person who could file the appeal was the guardian-ad-litem appointed by the Court and nobody else Reliance was placed on Order 32, rule 3, of the Code of Civil Procedure. It is, however, not necessary to decide this question because Dayala was a defendant and his rights of making the gift are being affected and he, therefore, had a right to bring this appeal and an appeal by him is, therefore, competent.