Judgment

SARKAR, J. : (minority view) In 1929, one Bapiah filed a suit against the appellant, then a minor, his father and another person on a promissory note executed by the two last mentioned persons. The appellant was represented in that suit by his maternal grandfather as his guardian ad litem. A decree was passed in that suit. The decree-holder put the decree in execution and obtained an order for the sale of certain properties in which the appellant was interested. The properties were sold in due course in favour, it is said, of a clerk of the decreeholder. Thereafter, the appellant s guardian ad litem made an application under Or. 21 R. 90 of the Code of Civil Procedure for setting aside the sale. Later, however, the guardian ad litem came to a settlement with the decree-holder and the auction purchaser that the guardian ad litem would give up the contention regarding the invalidity of the sale and withdraw the petition to set it aside and also give up possession of the properties sold to the auction purchaser and the decree-holder and the auction purchaser in their turn would give up their claim for costs of the petition. In pursuance of this agreement the petition was withd