Minor made party through guardian in a suit to set aside decree.

The decision of the lower Court is correct. The Full Bench in Hussain Sahib v. Ayesha Bibi1, decided that a quondam minor impeaching an alienation made by a certificated guardian without sanction of the Court is bound to sue to set aside the sale. This is not a case where the minor avoided the transaction by anything done before suit. He chose the institution of the suit as the only mode of avoidance and he is bound to include in the plaint a prayer for setting aside the transaction. The fact that the sanction is impeached on the ground of fraud and collusion would not make any difference. It would utmost be in the event of fraud being established a case where no sanction was obtained for the transfer. The view taken by the lower Court regarding the transaction is correct. The minor was a party to the decree through a guardian. He is therefore bound to sue to set aside the decree, and the Court-fee directed to be paid under section 7(IV-A) of the Court-Fees Act. The civil revision petition is dismissed with costs.

V.S. ----- Petition dismissed.