MEREDITH, J.- The question which has been referred to this Full Bench is:

"Can a minor avoid a decree passed against him on the ground of gross negligence on the part of his guardian-ad-litem by bringing a subsequent suit even if he has not succeeded in proving fraud or collusion on the part of such guardian."

2. I understand that the case in which this reference has been made was one of alleged negligence on the part of the minor plaintiffs next friend, and I presume. therefore, that an answer is required both as regards a person who alleges gross negligence on the part of his next friend when he was a minor plaintiff and as regards a person who alleges gross negligence on the part of his guardian-ad-litem when he was a minor defendant.

3. In a recent case decided by Agarwala C. J. and myself (second Appeal No. 7 of 1946 decided on 4th January 1948) I said:

"It may be taken as well settled, so far as this Court is concerned, that the minor can avoid the decree if he was not effectively represented in the suit, and where there is gross negligence on the part of the guardian he cannot be said to have been effectively represented." Having regard to the fact that learned counsel