HAKIM BAHAUDDIN Vs. GOVIND SINGH

JUDGEMENT

(1.) This is a defendant's appeal from a decree of the Civil Judge of Jhansi declaring that an ex parte decree obtained by him against the plaintiff Govind Singh, then a minor, is void, and reviving the suit No. 22 of 1935, in which the decree was passed.

(2.) There were four defendants in the suit brought to obtain this declaration. The first is the present appellant, Hakim Bahauddin, a money-lender, the other three are members of Govind Singh's family, one of them, defendant 3, Dillipat Singh, being his father, defendant &, Aman Singh, being the husband of his aunt; and defendant 2, Hanumant Singh, being the son of Aman Singh. The relationship appears more clearly from the following pedigree:

(3.) In the previous suit of 1935 Aman Singh was appointed guardian of the minor Govind Singh. The letter brought the suit now under consideration, No. 1 of 1939, on attaining majority. The Civil Judge has held that he was not represented, that is, properly represented in the earlier suit.