S.S.SANDHAWALIA, J.

1. Whether the legal guardian of a minor in possession of his property, who is himself a party to the suit along with such minor, would, on the latters death, become his legal representative as an intermeddler with the estate under S.2(11) of the Civil P.C. is the somewhat significant and ticklish question necessitating this reference to a Full Bench.

2. The facts are not in serious dispute. The deceased, Dinesh Paswan, along with his father, Parmeshwar Paswan, and others, had brought the suit for partition of the two-fifth share of the plaintiffs in the suit property and also for a declaration that the deed of sale executed by Raghuni Paswan in favour of Defendant 17, Hari Jha, was collusive, without consideration and inoperative. The said suit was decreed on the 29th July, 1975. The defendants preferred Title Appeal No. 25/10 of 1975/77, which was allocated to the First Additional District Judge, Darbhanga.

3. During the pendency of the appeal, Dinesh Paswan, aforesaid, died on the 30th June, 1976, leaving behind his mother Buchi Devi and his father, Parmeshwar Paswan. Admittedly, the mother, who was Class I heir under Section 8 of the Hindu Succession