1962 Present: Weerasooriya, S.P.J., and H. N. G. Fernando, J.

 MUDIYANSE, Appellant, and PEMAWATHIE et al, Respondents

S. C. 172-D. C. Badulla, 13,288

Minors-Sale of their immovable property by curator -Sanction of Court obtained- Minors not represented by guardian ad litim-Invalidity of the sale- Civil Procedure Code, ss. 6, 8, 476, 479, 480.

            A land belonging to certain minors was sold on 22nd January, 1952, by the minors' step-father who was appointed by Court as curator. Sanction of Court for the sale was obtained in the curatorship proceedings, upon the allegation that the property was held by the minors in trust. There was no appointment, however, of a guardian ad litem, and the minors were at no stacje made parties. Nor did the Court give any consideration to the question whether the sale was to the advantage of the minors. In the present action instituted in 1956 the minors, by their mother as next friend, sued for a declaration of title to the land.

          Held, that, even though no order discharging the order for the sale of the land was previously sought under section 480 of the Civil Procedure Code, the Cou