RAM PRAKASH Vs. LEKH RAM

JUDGEMENT

(1.) This is a plaintiffs' appeal arising out of a suit for pre-emption.

(2.) The plaintiffs are three minors. The suit was instituted through their next friend. Ram Kishan. The trial Court decreed the suit. An appeal was filed by the vendees. On August 16, 1975 the learned District Judge, Solan allowed the appeal and dismissed the suit on the ground that Ram Kishan could not constitute himself the next friend of the minors as his interest in the suit was adverse to that of minors. The plaintiffs appeal.

(3.) The learned District Judge has come to the conclusion that Ram Kishan could not properly be the next friend of the minors because he was not related to the minors, and that it seemed that the real intention of Ram Kishan was to manage the land in dispute for his own benefit. Learned counsel for the appellants urges that the considerations which prevailed with the learned District Judge are erroneous, and that in any event the suit should not have been dismissed but the learned District Judge should have considered an application filed before him praying that the grandmother of the minors should be substituted as their next friend.