MOHD HASAN Vs. MOHD ABBAS

JUDGEMENT

(1.) This application in revision has been referred to a Division Bench by an order of a learned Single Judge dated the 8th October, 1982.

(2.) This is an application by the plaintiffs-respondents who obtained an ex parte decree against the minor son and minor daughter of one Qudrat Mian in Title Suit No. 290 of 1968.

(3.) The title suit was filed by the petitioners' father, Md. Sayeed, in the court of the Munsif, Purnea, for a declaration of title and recovery of possession. The opposite party Nos. 1 and 2, who were minors, were sued through their mother, Bibi Samima Bano (opposite party No. 3), the natural guardian. Notices meant for the minors seem to have been served on their guardian, namely, their mother, but she did not take any step on behalf of the minors in the suit. The learned trial court thereupon appointed one Bhola Nath Burman, Advocate, as the guardian of the two minors. On the 4th August, 1976, the title suit was decreed ex parte. It may be stated here that the pleader guardian, Bhola Nath Busman, also did not take any step in the suit and did not even file any written statement. The said minors thereafter filed Miscellaneous Case No. 8 of 1977 through their next friend, Abdul Aziz, who was their maternal uncle under Order 9, rule 13 of the Code of Civil Procedure to restore the suit to its original number stating, inter alia, that due to the gross negligence of the said pleader guardian they could not defend the suit. It was also stated that on the 9th January, 1977, their maternal uncle, Abdul Aziz, came to know from one Ramanand Mishra that the suit had been decreed ex parte. On the 11th February, 1977, the above mentioned miscellaneous Case No. 8 of 1977 was filed.