JUDGMENT

1. The point that arises in this appeal is fully covered by authority. The suit was brought by a mortgagee on the foot of a mortgage to recover the loan. It was instituted against the mortgagor who executed the mortgage and his minor son. After attempts had been made by the plaintiff to get various persons appointed guardian ad litem to the minor, the Nazir of the Court was ultimately appointed. The suit was heard, evidence was given and it was ultimately decreed in favour of the plaintiff against both the father and the son. Thereafter an appeal was presented to the District Judge by one Bhagwanji on behalf of the minor. He was not the guardian ad litem and had never applied to be made guardian. On the appeal coming before him, the learned District Judge refused to hear it on the ground that there was no valid appeal before him. He held that the Nazir having been appointed guardian ad litem his authority must be held to continue as long as the lis continued and that until he had been removed from the guardianship by the Court, he and he only was competent to file an appeal,. He, therefore, dismissed the appeal. It is from this decree dismissing the appeal that this second