This appeal is by the plaintiff in a suit for recovery of possession of properties of which the second respondent’s father became purchaser in execution of a small cause decree obtained by him against the plaintiff’s father. The plaintiff’s complaint is that the execution of the decree levied in respect of the suit properties which had become the plaintiff’s under a settlement deed between the plaintiff, his father and his paternal uncle is not binding upon him. Prior to the present suit there was an earlier one by the plaintiff represented by his mother as his next friend for the same reliefs in which the question of the real or nominal character of the settlement was gone into. The learned District Munsiff who tried that suit decreed it holding that the settlement was real and operative. On appeal taken by the present respondent that decision was reversed without the mother of the plaintiff on whom notice had been served as the guardian ad-litem of the plaintiff appearing. The present suit is by that very plaintiff for the very relief wnich the appellate Court on the former occasion had refused him. The suit has been dismissed by both the Courts below on the ground that t