JUDGMENT :- This is a plaintiffs second appeal against the judgment and decree of the Additional Civil Judge of Sultanpur dismissing the suit which had been decreed by the trial court.

2. The facts of the case are simple. Sat Narain Lal respondent No. 1 brought a suit in the year 1941 for the partition of some tenancy holding and groves standing thereon, against the appellant and some others who are respondents in this case. He claimed a half share in the land and grove. The plaintiff was a minor and is said to have been represented by his elder brother Newal Kishore as guardian in that suit. The suit was contested and was ultimately decreed. The unsuccessful party went in appeal and the decree passed by the trial Court was affirmed in appeal. On 23rd March, 1946, the appellant instituted the suit, which has given rise to this appeal, for a declaration that the decree passed in the earlier suit instituted by Sat Narain Lal against him was not binding on him and that it was null and void against him on the ground that he was a minor all along during the pendency of the suit and that there was no properly constituted guardian and further that Newal Kishore, who is said to have acted a

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