FAKHRUDDIN MAHOMED CHOWDHURI Vs. MIR SARWARJAN

JUDGEMENT

(1.) THIS is an appeal from a decree of the High Court at Calcutta affirming a decree of the Subordinate Judge of Backerganj.

(2.) ALL the questions raised in the litigation but one were disposed of before the appeal was taken to the High Court, and when the case was before a Division Bench of that Court that question was made the subject of a reference to the Full Bench.

(3.) THE reference came before the Chief. Justice and four other judges of the High Court. They agreed in returning an answer which seems to be carefully guarded and is perhaps rather enigmatical. The Chief Justice observed that the question submitted to the Court was "a wide and far-reaching question." His opinion was that they could only "answer the question by saying that if a contract is validly entered into on behalf of a minor and there is mutuality in such contract, it might be specifically enforced." The other learned judges concurred.