Niyogi, J—This appeal is filed by two persona, namely the Court reader and Mt. Puniabai, who both claim to represent the minor appellants interest as his guardian ad litem, It is unnecessary to state the facts in the ease as the real point involved is whether the appeal filed on behalf of the minor in the lower appellate Court by Mt. Puniabai representing herself as the next friend of the minor was tenable. The lower appellate Court dismissed the appeal on a preliminary ground that Mt. Puniabai was not formally appointed a guardian by the Court and that therefore she was incompetent to file the appeal.

2. The suit was filed against the minor Ganeshsingh and his father Lalsingh and his uncle Ishwarsingh on the allegation that they were all members of a joint family, for possession of certain khudkasht fields which had been sold as appurtenant to a 16 anna proprietary share of mauza Kora in an auction sale held on 19th March 1938 and purchased by the plaintiff. The minor's father and uncle did not enter appearance and the case proceeded ex parte against them. The plaintiff then proposed Mt. Puniabai as a guardian ad litem to represent the minor Ganeshsingh. She was served for