RAJKUMAR Vs. KISHENLAL

JUDGEMENT

(1.) THIS is an appeal by Rajkumar minor through his next friend Mst. Bhagwati Bai against the order of the District Judge of Pratabgarh refusing to set aside the ex parte decree dated 1st November. 1950.

(2.) THE facts which have led to this appeal are these : A suit for specific performance of a contract for sale was filed by Kishenlal and three others against nine defendants including Rajkumar minor. THE plaintiffs applied for making Laxminarain, elder brother of Rajkumar, as guardian of minor but Laxminarain refused to act as such. THEreupon an application was made for making Mst. Bhagwati Bai, mother of the minor, as guardian. Attempts were made to serve Mst. Bhagwati Bai in the ordinary way but failed. THEreafter substituted service was effected on her by means of publication of a notice in a paper named "navjeewan". THE notice was published on the 28th August 1950 and Mst. Bhagwati Bai was asked to appear on the 23rd of September 1950 to show cause whether » she had any objection to her appointment as guardian. She never appeared even after this notice and thereafter the suit was decreed ex parte on the 1st of November 1950.