Mahapatra, J.

1. This plaintiffs second appeal arises out of a suit for declaration that a decree passed in small cause court suit No. 406/380 of 1940 in the court of the Munsif IV at Chapra on the 6th of September, 1940, and the auction sale of the suit property held in execution of that decree on the 8th January, 1942, in the court of the Munsif 1 at Chapra, were void. He asked for recovery of possession over holding Nos. 170 and 171 (old) corresponding to new holding Nos. 176 and 177. His case was that he was born on the 2nd January, 1930. While he was a minor, his father died in 1938. His mother also died in 1945. The small cause court suit was brought after the death of his father against the plaintiff for recovery of money on the basis of a promissory note allegedly executed by his father in favour of the present defendant 1. No summonses of that suit were served upon the plaintiff or his natural guardian and no notice as contemplated under Order 32, Civil Procedure Code, in connection with the appointment of a guardian for a minor defendant was served either on the plaintiff or his natural guardian, his mother; and the pleader guardian who was appointed for him in th