JUDGMENT

1. At the time when the case was argued before the Subordinate Judge, it seems that a somewhat similar objection was pressed, but the Subordinate Judge dismissed it, with the remark that it was not put in issue, and not only was it not put in issue, but, as already pointed out, it was an admitted fact that the plaintiff was a minor, and that his property was managed by his guardian and mother Khyama Sunduri Chowdhrani. An appeal was preferred against the decision of the Subordinate Judge by the plaintiff against the defendant No. 5, the suit having been dismissed as against him. There was no appeal by the other defendants against whom the decree was passed. The District Judge, on an application being made by the minor on attaining majority for discharging the guardian under the provisions of the Procedure Code, allowed an objection to be taken to the frame of the suit based upon a statement contained in the afore said application. That statement amounted to this, that on the date of the institution of the suit Girish Chunder Chowdhry was over 18 years of age; and the Judge says: "The suit was instituted on the 1st August 1883; so that, unless appellant was a ward of Court u