JUDGMENT

Derbyshire, C.J. - This is an appeal from the dismissal by Gentle J., on 30th June 1942 of an application by the plaintiff Shree Chand Daga to have the decree dismissing his suit on 19th May 1942, set aside. The facts which led up to these two dismissals are as follows: The plaintiff Shree Chand Daga claims to be the owner of, or beneficially interested in, certain ornaments and jewellery which he says are worth about rupees six lacs. He says that one Motilal Kothari, his maternal grandfather, and one Pani Bai held the said ornaments and jewellery in trust for him; that in December 1932, the two trustees Motilal and Pani Bai made over the jewellery to defendants 1, 2, 3 and 4 for the purpose of effecting a composition between Motilal and his creditors, and that the said defendants agreed to return the jewellery if no composition took place. He alleges that no composition in fact took place and the ornaments and jewellery were not used for the purpose for which they were made over; the jewellery not having been returned defendants 1, 2, 3 and 4 held it in trust for him. He alleges that he was a minor at the time and that he attained majority on 23rd May 1937. In January 1937