JUDGMENT

1. This is a defendants' appeal arising out of a suit for the sale on the basis of a mortgage-deed executed on the 4th of July 1911 by two brothers, Nathu and Faqira, the defendants.

2. The defendants, inter alia pleaded that Nathu's son Chhajju who is a minor and a member of a joint Hindu family had not been impleaded. The plaintiffs did not choose to implead him in this case and it is unfortunate that the Court of first instance also perhaps to avoid complications did not think it worthwhile to bring him on the record and thus dispose of all possible disputes.

3. The Court of first instance, however, dismissed the claim on the ground that Chhajju, the minor member of the family had not been impleaded and the suit, therefore, was defective on the ground of nonjoinder. In this, reliance was placed on the case of Shiam Sunder Lal v. Budhu Lal 24 Ind. Cas. 252 : 12 A.L.J. 794

4. The lower Appellate Court has allowed the appeal and held that the suit could not fail on the ground of non-joinder but that the major members of the family actually represented the minor member also and that thus the suit was not defective It has relied on the case of Hori Lal v. Nimman Kunwar 50 Ind. C