KALAWATI DEVI ALIAS KALAWATI KUAR Vs. MADHURI DEVI

JUDGEMENT

(1.) This Second Appeal has been preferred by the defendant -appellants challenging the concurrent findings of fact of the courts below. While admitting this appeal the following substantial question of law was formulated; "Whether it was incumbent upon the court below to hold enquiry under Order 32 Rule 14 in view of pleading of the parties and whether the judgments and the decrees are bad in law on account of non -compliance of the said provisions -

(2.) IN spite of valid service of notice Respondent no. 1 did not put her appearance and Respondent nos. 2 to 6 being minors are represented by D. R. Guardian.

(3.) THE defendants in their written statement contesting the claim of the plaintiffs, inter alia, have specifically stated in paragraph 5 that "the suit is bad for defect of parties. The plaintiff no. 2 is major and is of sound mind and the suit cannot proceed on his behalf and through his alleged guardian as alleged in para no. 6 of the plaint. The allegations made contrary to it in the plaint para no. 6 are wrong and incorrect." Similarly, in paragraph 6 of the written statement it has been stated that "the plaintiff no. 2 has been wrongly described and shown to be under the guardianship of defendant no. 1 in the copy of the plaint served on these defendants and the same is being filed along with this W.S. These defendants submit that the defendant no. 1 is never his guardian."