LALIT KUMAR MUKERJEE Vs. DASARATHI SINGHA

JUDGEMENT

(1.) This is an appeal from the judgment of my learned brother, Mr. Justice Rankin.

(2.) On the 24th of November 1919, a suit was brought by the plaintiff against Dasarathi Singha, based upon promissory-notes alleged to have been executed by the defendant, the dates of which extended from the 28th of July to the 3rd of September 1919. The defendant was sued as a person who was suijuris. On the 17th of December 1919, an ex parte decree was made. Thereafter, there was an attachment of certain propertied, and, in consequence thereof, on the 16th of February 1920, an application was made by Subashini Dasi, who was alleged to be the certificated guardian of the defendant, that the decree should be get aside. It was alleged that at the time of the above-mentioned suit and decree the defendant, Dasarathi Singha, was a minor. On the 15th of June 1920, the learned Judge delivered judgment after an issue or issues had been tried, and the following order was made: "This Court doth declare that the defendant is a minor under the age of twenty-one years and it is ordered that all proceedings in this suit except the said plaint be, and the same are hereby, set aside. And it is further ordered that the defendant be at liberty to appear in and defend this suit upon a proper guardian being appointed in this suit. And it is farther ordered that the said plaint and the register of this suit be amended by describing the defendant in the cause title thereof as a miner under the age of twenty-one years."

(3.) The main ground on which this appeal was argued by the learned Counsel for the appellant was that the order appointing the guardian, who was the sister of the defendant, was a nullity, and that the defendant had in fact attained his majority in May 1919.