JUDGMENT

Malik, J. - This case has had a chequered history. One Ali Tamkin executed a mortgage for Rs. 5000 in favour of Bhagwan Das on 10-6-1922. Various payments were made by or on behalf of the mortgagor till 5-11-1926. For the balance of the amount, a suit NO. 9 of 1934 was filed by Bhagwan Das in the Court of the Subordinate Judge of Bijnor, district Moradabad, on 29-5-1934. Ali Tamkin had died before the filing of the suit and Bhagwan Das impleaded as defendant to the action various relations of Ali Tamkin who were his legal representatives under the Muhammadan law. One of such persons who was impleaded was Syed Ali Yakin, son of Ali Hasan. Ali Yakin was impleaded as a major and no prayer was made in the plaint for appointment of his guardian. On the date of suit he was above eighteen years of age but his mother had been appointed a certificated guardian and under the law he was, therefore not a major till he had attained the age of twenty one. The suit does not appear to have been contested and it was decreed ex parte. AH Yakin became a major, that is, completed the age of twenty one, on 26-8-1936. He filed a Suit No. 3 of 1940, for setting aside the decree obtained against h