RAM KISHEN Vs. RADHEY LAL

JUDGEMENT

(1.) This is an appeal by the minor defendants 4 and 5.

(2.) The facts briefly are these: A suit for sale was brought by one Lala Bithal Das against the mortgagors and two persons, Baidy Ram and Munni, as subsequent transferees. When Baidy Earn died, his sons Earn Kishen and Lachman, the present appellants, were brought on the re-cord. The plaintiffs applied that Chunna Ram, the paternal uncle of the minors, Ram Kishen and Lachman, should be appointed their guardian for the suit.

(3.) A notice was issued to Chunna Ram to state to the Court whether he was willing to accept the appointment or not, and he was to appear on 15 August 1927. The notice was served on Chunna Ram on 5 August 1927, but he did not appear on 15 August 1927. On the latter date the Courtdirected that the case should proceed ex parte against the minors, Ram Kishen and Lachman. There is no formal order appointing Chunna Ram as the guardian for the suit of the minor defendants.