( 1 ) THIS second appeal was REFERRED TO to a larger Bench by Pritam Singh Safeer, J. In the referring order the learned Judge also posed the following question, which he considered to be of general importance and likely to arise in many cases:-

"whether a trial court has the jurisdiction to proceed against a minor defendant/defendants without compliance with Order 32, Rule 3 of the Civil Procedure Code ? The non-compliance will to what extent injure the decree that may be passed against the minor defendant/defendants and in case it is indivisible qua the other co-defendants ?".

( 2 ) RAFIQUIDDIN Siddiqui is owner of house No. 3403, situate at Jangli Kuan, Kucha Pandit, Delhi-6. The first floor of the said house (which has hereinafter been REFERRED TO to as "the premises") was let out by the owner to Naziruddin, son of Lal Mohd. at a rent of Rs. 8. 50 per month. On taking the premises on rent Naziruddin and his wife, Mst. Bashiran, started living in it. Mst. Bashiran, however, died issueless in the year 1957 or the year 1958. After his wife s death Naziruddin allowed one Mohd. Yasin and his family members to reside with him in the premises.

( 3 ) IN May 1962 Siddiqu