JUDGMENT

Malik, J. - This is a plaintiff's appeal u/s 6A, Court-fees Act (Act 7 of 1870). The plaintiff's father Kashi Nath had become an insolvent. The Receiver in insolvency took possession of certain properties as belonging to Kashi Nath and wanted to sell the same. The plaintiff was then a minor and a suit, No. 31 of 1928, was filed on behalf of the plaintiff under the guardianship of his uncle and certain other persons for a declaration that the share of the plaintiff was not saleable by the Receiver in insolvency. The suit was decreed by the trial Court, but on appeal to this Court the appeal was partly successful, and this Court held that the village property now in suit was saleable and dismissed the plaintiff's suit with respect to this property.

2. The plaintiff on attaining majority filed a second suit No. 14 of 1942, on the allegation that his guardian was grossly negligent and prayed for a declaration that a one-sixth share of muafi in Mauza Ganeshra belonging to the plaintiff along with Kashi Nath was not liable to be sold in the insolvency proceedings against Kashi Nath. The plaintiff did not claim any other relief, but added relief (c) to the effect that "plaintiff be