JUDGMENT

1. The suit giving rise to the present appeal was brought by Shanti Swarup, respondent, for a declaration that the preliminary and the final decrees for foreclosure passed in suit No. 92 of 1930, of the Court of the Subordinate Judge of Cawnpore in favour of the contesting defendants are a nullity and not binding on him. The said decrees were for the foreclosure of a mortgage-deed dated 22nd June 1928, executed by Chhadammi La,l the grandfather and Jagannath Prasad the father of Shanti Swarup plaintiff-respondent. The mortgage was for a sum of Rs. 7,000 and was in favour of the contesting defendants.

2. Chhadammi Lal, Jagannath and Shanti Swarup were impleaded as defendants in the foreclosure suit. Shanti Swarup was a minor, and his father Jagannath Prasad was appointed as his guardian for the suit. The plaintiff-respondent assailed the validity of the decrees mentioned above on the ground that Jagamnath being himself one of the executants of the mortgage-deed was not in a position to raise appropriate pleas on his behalf in bar of the claim for foreclosure of the mortgage and, as such was not a proper person to be appointed as his guardian ad litem. The plaint gave no indic