NARINDRA BAHADUR SINGH Vs. OUDH COMMERCIAL BANK LIMITED

JUDGEMENT

(1.) The question on this appeal is whether the respondents can enforce a decree made a good while ago in a suit for sale of certain mortgaged properties. The preliminary decree was made on the 15 of June, 1915, on appeal to the Court of the Judicial Commissioner from a decree, dated the 31 of October, 1912, of the Subordinate Judge of Lucknow. A few days later, on the 21 of July, 1915, the Court of Wards purported to declare the mortgagor a disqualified proprietor, and assumed superintendence of his estate under the United Provinces Court of Wards Act (Act IV of 1912). On a date which is variously stated, but appears to have been the 21 of February, 1916, the decree was made final. On the 14 of June, 1916, the mortgagor applied for the estate to be released, and on the 12 of September, 1917, the estate was released from the superintendence of the Court of Wards under the direction of the Local, Government, which had been set in motion and in some way directed to bring that about by the Central Government) of India.

(2.) The appellant is now resisting the execution of the decree, because, he says, the decree absolute is not binding on him, inasmuch as the Court of Wards had no jurisdiction to represent him in the proceedings.

(3.) The contention of the respondents and the view taken by the Court below is that the action of the Court of Wards, while its superintendence continued to exist, was operative, and that it cannot be treated as having been a nullity; it was good until set aside by the Local Government, acting on the directions of the Central Government of India.