JUDGMENT

B.B. Ghose, J. - This appeal by the plaintiffs arises out of a suit for specific performance of a contract for sale of certain Immovable properties embodied in a bainapatra dated 4feh December 1920, executed by Kali Narain Sen Chowdhury who was the original defendant in the suit, and who will be referred to as the defendant henceforth. Kali Narain died during the pendency of the suit on 29th July 1922, and his Iegalfrepre3entatives have been substituted in his place. The suit was instituted on 30th June 1921. After service of summons, Krishna Kumar Sen, the second of the surviving sons of the defendant, and another person serving as manager under the defendant, presented a petition in Court on 29th July 1921, that the defendant, by reason of unsoundness of mind and mental infirmity was incapable of protecting his own interest and a guardian ad litem should be appointed for him. Thereupon the Subordinate Judge held that though the defendant was not mentally deranged and could fully understand, the questions put to him and give rational answers, he was incapable of sustained or independent mental efforts owing to senile decay. He made an order of the appointment of a guardian