( 1 ) THE facts out of which this second appeal arises in short are that Ramchandra rao Shitole, as the next friend of Vijaysinghrao (minor) filed a suit in the Court of the Civil Judge, Gwalior alleging that the sale made by the father of the minor, of a part of a house in favour of Jeewanlal was without necessity, that the sale should be set aside and that the possession of the property in dispute be handed over to the guardian, Among other pleas raised by the defendant, one was that because the property in dispute had been sold by the natural guardian, only the minor on attaining majority could bring a suit for setting aside the sale, and that during the subsistence of the minority, the suit by the present guardian of the minor (who is, by the way, admittedly a guardian appointed by the court under guardians and Wards Act) does not lie and the suit is therefore premature. The trial Court upheld this contention and, dismissed the suit as being premature. This decision was affirmed in appeal by the learned District Judge, Gwalior. This is now plaintiff's second appeal.

( 2 ) ACCORDING to English Common Law, the rights of minors were specially protected, and time did not run agains

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