NAGARDAS VUTSRAJ Vs. ANANDRAO BHAI

JUDGEMENT

(1.) The plaintiff, who is an attorney's clerk, has filed this suit for a declaration amongst other things that on the two insolvencies of the first defendant's father, Bhai Gunpat, the properties mentioned in the plaint vested in the Official Assignee and that the same are now validly transferred to him. For a sum of Rs. 2000 paid by him to the Official Assignee he has purchased from him all the right title and interest of the insolvent Bhai Gunput in the properties mentioned in the schedule to the conveyance, dated the 23 of December 1905 and all other estate that may have been left by Gunput Maneckji Patel, the father of the insolvent Bhai Gunput. The properties claimed by the plaintiff are of the value of about a lac and ninety thousand Rupees. On the 17 of January 1907 the plaintiff presented a petition to the Prothonotary alleging that the first defendant was a minor under the age of 18 years and praying that his mother or some other fit and proper person may be appointed his guardian ad litem for the purposes of the suit. The notice was argued before me in Chambers on Saturday the 23 and Tuesday the 26 of March last.

(2.) At the hearing before me Mr. Setalvad for the plaintiff admitted that the first defendant was over eighteen years of age but he contended that by reason of an order made by the late Mr. Justice Tyabji on the 10 of March 1905 whereby the first defendant's mother was appointed the guardian of the person and property of the first defendant who was then a minor the first defendant would not attain majority till he was 21 years of age.

(3.) Mr. Inverarity for the first defendant contended that the order of the 10 of March 1905 was an order which ought never to have been made and the same was on the 28 of January 1907 on an application made to me in Chambers by the first defendant and his mother set aside by me and that the first defendant now was in the same position as if the original order had never been made.