JUDGMENT

Ashworth, J. - This first appeal arises out of a suit brought by Babu Jugal Kishore plaintiff against Thakur Raghuraj Singh defendant on the basis of a hundi for Rs. 8,000. The defendant received this money and covenanted to pay the amount after 90 days. The defence was that the contract embodied in the hundi was beyond the competence of the defendant because at the time he was a ward, see Section 37(a) of the U.P. Court of Wards Act of 1912. Another defence was that the suit against the ward personally was barred by Section 55 of the said Act, which provides that no ward shall be sued nor shall any proceedings be taken in the Civil Court otherwise than in the name of the Collector in charge of his property or such other persons as the Court of Wards may appoint in this behalf.

2. The suit was instituted on the 5th of March, 1924, and apparently the 24th of April, 1924, was fixed for framing the issues. At any rate on that date the defendant was examined as a ward, and the general attorney of the plaintiff was also examined. The defendant said that he had been a ward of the Court of Wards for 13 or 14 years. The general attorney for the plaintiff said that he came to know th