NARAIN MAL Vs. GANPAT SINGH

JUDGEMENT

(1.) THIS is an appeal by Narain Mal and others who are plaintiffs in a suit brought by them in the Court of the Civil Judge of Balotra.

(2.) "the plaintiffs' case was that Zalam Singh jagirdar of Ratora was indebted to them, and in that connection he executed three bonds on Poh Badi 3rd St. 2005 for Rs. 2,526-4, Rs. 199/- and Rs. 256/4/- respectively, and the rate of interest in each case was 12 per cent per annum. The suit was brought after the death of zalamsingh. The defendants were the State of Rajasthan, Mst. Pep-kunwar and mst. Vishankunwar widows of Thakur Zalamsingh, and Ganpat Singh and Jeevraj singh. In this appeal, we are concerned with Ganpatsingh and Jeevraj Singh only. They were made parties on the ground that they were claiming the right to succeed to Zalamsingh on the basis of adoption. As they were both minors, they were sued through their mothers. The case against them was that as both of them were claiming to be heirs of Zalamsingh by virtue of adoption, they were made parties as the dispute as to who should succeed to Zalamsingh's jagir was still going on before the proper authorities.

(3.) AMONG other defences, it was pleaded on behalf of these two minors defendants that as they were minors, and their estates were under the management of the court of Wards, they could not be made Parties to the suit, and the suit was not maintainable against them, and that in any case no suit was maintainable against them without notice to the Court of Wards, and making the Court of Wards a party. These objections were based on Sections 55 and 56 of the Rajasthan Court of Wards Act (No. XXVIII) of 1951.