JUDGMENT

Henry Richards, Kt., C.J. and Piggott, J. - This appeal arises out of a suit in which the plaintiff sought to set aside a decree obtained in the year 1899 against him and his father. The decree in question was on a mortgage made in the year 1896, admittedly some two years before the birth of. the plaintiff. It is admitted also that at the time of the mortgage the mortgagor had no other son and was in that sense the sole owner of the property mortgaged. When the suit was brought the present plaintiff had been born, and he was made a party to the mortgage suit under the guardianship of his father. A decree was obtained upon foot of the mortgage and the property was sold. Subsequently the father died, and, the proceeds of the sale of the mortgaged property proving insufficient, a further decree was obtained u/s 90 of the Transfer of Property Act and certain other property was sold. In these proceedings the plaintiff's mother was substituted as his guardian for his deceased father. The court of first instance dismissed the plaintiffs suit. The lower appellate court has reversed that decision and remanded the case, holding that the plaintiff ought to have been allowed an opportu