TRIBENI PRASAD Vs. THAKUR PRASAD SINGH

JUDGEMENT

(1.) These appeals and civil revisions arise out of proceedings for execution of a money decree in which the judgment-debtors property had already been sold and possession delivered.

(2.) The original suit was brought on the basis of a handnote against nineteen defendants who were members of a joint Mitakshara family. Eleven of them, namely defendants 8, 9, 10, 11, 12, 13, 15, 16, 17, 18 and 19 were minors. The fathers of defendants 11, 12, 13, 15, 16, 17, 18 and 19 were among the adult defendants. The father and grandfather of defendants 8 to 10 were dead It appears that, shortly after the institution of the suit, the adult defendants deposited the amount of the claim in Court. So, when the suit came up for disposal, the question of costs only remained for consideration. The Court ordered that the plaintiff should get a decree regarding costs against the major defendants only and the decree was passed in these terms: "That the claim be dismissed as satisfied: that the plaintiff to get a decree for costs against the major defendants as held above." As regards the minor defendants, it was said: "No decree is passed as against minor defendants as proper guardian has not been appointed for them." Obviously this shows that the minor defendants were not represented by any properly appointed guardian.

(3.) The decree-holders put to execution the decree for costs and in execution put up to sale some joint family property and purchased the same on 22 April, 1937. They took delivery of possession on 9 December 1939.