GAJENDRAGADKAR, J. :- The principal question which arises in this appeal is whether an agreement entered into by the next friend or guardian of a minor without the sanction of the Court is entirely void or is voidable at the option; of the minor. A subsidiary question of limitation also arises, but its decision will depend upon the answer that is given to the first question. Both the Courts below have found that the agreement entered into by the guardian of the plaintiff was void and so his suit was within time. When this matter was argued before Dixit, J., he was apparently disposed to take the view that the agreement in question was voidable and the present suit was barred; but he was requested to refer this matter to a Division Bench because there were conflicting judgments on this point. That is why this case has been referred to a Division Bench and has come before us for final disposal.

2. The facts leading to the present litigation are few and there is really no dispute about it. The property in suit is a field bearing survey No.254 situate at Songir. The plaintiffs father executed a mortgage in respect of this property in favour of the defendant on 27-4-1920, for Rs