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1983 Supreme(All) 394

B.D.AGARWAL
Om Pal – Appellant
Versus
Kirat Ram – Respondent


Advocates Appeared:
Ravi Kiran Jain, V. K. S. Chaudhary, P. K. Jain, R. C. Srivastav

JUDGMENT

B. D. Agarwal, J.

1. RESPONDENT no. 1 brought a suit for specific performance of an agreement to sell certain immovable property. Applicant no. 3 besides applicant nos. 1 and 2 and respondents nos. 2 and 3 were defendants to the suit. Applicant nos. 1 and 2 and respondent nos. 2 and 3 are the sons of applicant no. 3. Applicant nos. 1 and 2 are minors. An application had been made for the plaintiff to appoint a guardian-ad-litem for applicant nos. 1 and 2. Notice was issued to the minors as well as to the proposed guardian, namely, their mother. The notice was served by the endorsement of refusal. On March 31, 1982, a compromise was entered into between the parties whereby it was stipulated that the sale was to be executed as per terms of the agreement of transfer. On the same date the court below made an order appointing applicant no. 3. as the guardian-ad-litem for applicant nos. 1 and 2. This was followed by leave granted to applicant no. 3 to enter into the compromise on behalf of the said minors. The compromise was recorded and a decree passed in terms thereof including against the minors. An objection was taken later for the applicant nos. 1 and 2 to avoid the compromis









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