Raj Kishore Prasad, J.

1. This is an appeal against an order dated 2-3-1950, of Mr. B. P. Pandey, Second Additional Subordinate Judge at Darbhanga, refusing an application made by the appellant under Order 9, Rule 13 and Sec.151, Civil P. C. for setting aside a decree passed on an award.

2. In order to appreciate the points, which have been placed before us, it is necessary to state a few facts. The appellant, who was a minor, was defendant 17, and his father, defendant 16, in a partition suit filed by the respondents against them and several others. Sri Jugal Kishore Choudhury, a pleader, was appointed guardian ad litem for the appellant in the court below. On 16-9-1941, Ramjatan Singh, the father of the appellant, made an application to the Court below, asking for the discharge of the Pleader guardian ad litem and for his own appointment in his place, and also for permission to join the reference to arbitration.

On that date another petition was also filed by the parties jointly for reference to the arbitration of the persons named therein. The petition for reference to arbitration was for some defects rejected, but the application for discharge of the guardian al litem r