Viscount Haldane. -

This is an ap peal from the Court of the Judicial Com missioner in Baluchistan. The appellants are minors and are the sons of one Lala Sundar Dass, who died in October, 1921. There was a claim made by the respon dent against the deceased on 24th March, 1921, before H. M. Consul for Sistan in Persia. After the death of Lala Sundar Dass the Consul transmitted the claim to the Political Agent at Quetta, which is in Baluchistan. The case stood over until a guardian to the sons had been appointed. This appears to have been directed by order made by the Political Agent at Quetta. On 7th July, 1922, Mustapha Khushal Devi, the mother of the two sons, was formally appointed guardian of the property and persons of the two minor sons by the Senior Sub-Judge of the Gujrat district of the Punjab, where the sons were resident. The guardian repudiated liability for the claim, and on 23rd November, 1922, a plaint was lodged in the District Court at Quetta by the respondent against the sons and the mother as their guardian.

The circumstances out of which the claim arose were these : The respon dent, who was plaintiff, alleged that he and the deceased Sundar Dass, were rival trans