Judgement

Appeal (No. 64 of 1934) from an order of the High Court (May 2, 1933) which varied an order of the First Subordinate Judge of Saharanpur (May 11, 1932).

The Collector of Saharanpur, as guardian of two widows under the U. P. Court of Wards Act, 1912, instituted a suit in the Court of the Subordinate Judge of Saharanpur for the recovery of immovable properties inherited by their deceased husband. Before any written statements were filed by the defendants, he applied for leave to withdraw the suit. The widows thereupon applied to be allowed to continue the suit in their own names, and the next reversioner applied to be added as plaintiff to continue the action.

The Subordinate Judge rejected the application of the widows on the ground that they were debarred from suing by s. 55 of the Court of Wards Act, and the application of the reversioner on the ground that he was neither a party to the suit nor came within Order xxii., r. 10, of the Code of Civil Procedure, and dismissed the suit.

The High Court, in the exercise of its powers under s. 115 of the Code of Civil Procedure, held that the application of the widows was rightly rejected, but that the suit was a repre sentative