1. This is Plaintiff Tikaram's appeal against the dismissal of his suit to set aside the mortgage decrees for foreclosure, both; preliminary and final, obtained against him during his minority.

2. On the foot of the mortgage Ex. P-l, dated the 13th August 1917, executed by Ajoba for himself and as guardian of his then minor son Namaji for payment of antecedent debts, a preliminary decree for foreclosure (Ex. P-4) was obtained on 31st January 34. The final decree-Ex. P-5 was passed on the 15th January 38. The-Plaintiff, who is the after-born son of Namaji and who was minor on the date of the suit and on the date of the final decree, was Defendant No. 3 in the suit with Court Reader Bhole as guardian ad litem.

3. On attaining majority the Plaintiff instituted this suit on 11th July 44 for setting aside the decrees Exhibits P-4 and P-5, on the ground that he was unrepresented both in the suit and in the final decree proceedings, and alternatively on the ground that the guardian ad litem acted with gross negligence and in utter disregard of the Plaintiff's interest. It was also pleaded that the mortgagees practised fraud on the Court in securing the appointment of Court Reader Bh