MUNSHI MUNNU LAL Vs. GHULAM ABBAS

JUDGEMENT

(1.) Their lordships are of opinion that the decision of the Subordinate Judge was perfectly right.

(2.) The question is whether the respondents in whose favour a former decree, made when they were infants, has been set aside, were properly represented at the hearing of the suit in which the decree was pronounced.

(3.) The objection was that the affidavit required by Section 456 of the Code of Civil Procedure is not forthcoming. It does not appear whether in point of fact there was an affidavit or not-But assuming that there was not such an affidavit their lordships think it impossible now to hold that the infants were not properly represented at the time. The learned Judge appointed Ghulam Razzak their guardian ad litem. The order is on the record and it must be presumed, in the absence of evidence to the contrary, that everything was regularly and properly done.