C.P.Sinha, J.

1. This is an appeal by the plaintiff who had brought a suit for recovery of Rs. 513/- and odd on the basis of a hand-note against respondents 1 and 2, respondent No. 2, brother of respondent No. 1, was a minor then. The trial Court dismissed the suit with costs and the appellant (the plaintiff) preferred an appeal to the District Judge which was numbered as Money Appeal No. 5 of 1947. Respondent No. 2, who was respondent No. 1 in the said money appeal, was described in the memorandum of appeal as being under the guardianship of one Babu Gajadhar Prasad, Pleader guardian appointed by Court. It appears that this guardian was appointed in the Court of first instance. Notices of the appeal were served upon the respondents and the hearing of the appeal was postponed from time to time and ultimately the 20th of February 1948, was fixed for the hearing of the appeal. On the 18th of February, 1948, however, the order-sheet records the following order:

"Parties have put in a compromise petition. Respondent No. 2, has put in a petition praying that he may be appointed guardian of minor respondent No. 1. It is stated in the petition that he has no interest adverse to th