P. V. RAJAMANNAR, C. J. :- There is no substance in this appeal. The appeal is against an order passed by the learned Subordinate Judge of Tuticorin, dismissing an application made by the appellant before us. In execution of the decree in O. S. No. 49 of 1955 on the file of that Court, property belonging to the minor judgment-debtor had been sold and the application out of which this appeal arises was filed by the minor through his maternal uncle Arumugham, to set aside the sale under O. 21. R. 90, C.P.C. There was also a prayer to dispense with the security. Actually, Arumugham the person who purported to file the application on behalf of the minor was not the guardian ad litem in the suit nor was he the guardian acting for the miner in the execution proceedings.

The mother was the original guardian of the minor but she was removed on an application made by the maternal grandfather. The person who made the present application once before tried to remove the maternal grandfather and get himself appointed as guardian instead, but his attempt failed and the Court refused to bring him on record as the guardian of the minor. The learned Judge has held that the application was n