( 1 ) THE opponent has instituted a suit against his sister-in-law (brother's wife) for a declaration that after the death of his father Gambhirji and his brother Ambaram, the husband of Sampatbai, he alone was entitled to the Pakka tenancy rights in the agricultural lands specified in para 2 of the plaint that Sampatbai had no right in them whatsoever; and that the mutation made in her favour in regard to those lands was illegal and ineffective. The plaintiff also claimed possession of the lands in suit from Sampatbai and mesne profits. One of the objections taken by Sampatbai in defence is that Narayansingh, who is the adopted son of Ambaram, is a necessary party to the suit. The learned Civil Judge, First Class, Dhar, who is trying the suit, held on 97-1958 that Narayansingh was not a necessary party. Thereafter on 10-9-1958 an application was made on behalf of minor Narayansingh by Sampatbai acting as his guardian for being made a defendant in the suit. This application was rejected by the trial Court. Hence this revision petition.

( 2 ) HAVING heard learned counsel for the parties, I have reached the conclusion that this petition must be accepted and the lower