JUDGMENT

Sulaiman, C.J. - This is an application in revision by Mt. Mariam and her. minor brother Latif Ahmad arising out of a suit in which there was a reference to arbitration and a decree in terms of the award. The suit had been brought by the applicants' step-mother Mt. Amina, who was a lunatic, through a next friend. The claim was for recovery of the dower debt due against her deceased husband Habib Ahmad, the father of the present applicants. She had impleaded Sagir Ahmad, her eldest step-son, also as a defendant and had impleaded Latif Ahmad, minor, under the guardianship of his elder brother. It has been assumed that the Court had duly appointed Sagir Ahmad as the guardian-ad-litem of the minor Latif Ahmad. On 22nd August 1934, an application for reference to arbitration was filed which was signed by Sagir Ahmad for himself and as pairokar of the defendants other than Sharif Ahmad, the son of Mt. Amina, who signed the application himself. It was also signed by the advocates for all the parties and also by the next friend of the plaintiff. The attention of the learned Munsif does not appear to have been drawn to the fact that one of the defendants was a minor and that it was