Law: Civil Procedure Code (V of 1908)

Section: O. XXXII, r. 3 and Ss. 47 & 151

Civil Procedure Code (V of 1908)----   -----O. XXXII, r. 3 and Ss. 47 & 151-Pre-emption suit-Decree passed against minors without their being properly represented by guardian-ad-litem-Minors filing objection under S. 47 at time of execution of decree-Plaint pleading ignorance of minority of defendants at time of filing suit-- Proceedings taken earlier not wiped out though decree can be declared nullity-Minors relegated to position obtaining at time of occurrence of illegality - Court to restore original suit by resorting to powers under S. 151 and proceed from point where default had taken place-Restoration of suit in such case, however, will not affect plea of limitation.   Arumuga Goundan and others v. Pariavan Jiappa Goundan and others A I R 1924 Mad. 489 dissented from.   Syed Mahbub Husain Shah and others v. Anjuman Imdad Qarza A I R 1942 Lah. 129 and Abdul Karim v. Sikandar Khan and others P L D 1960 Lah. 155 held not applicable.   Lakhanlal Ramsaran and another v. Sitaram Gulabchand Mehesri A I R 1937 Nag. 165 ; Talib Ali Shah v. Piarey Lal and another A I R 1930 All. 644 ; Mukandi Lal Munshi Lal v. Noor Elahi Abdul Elahi A I R 1934 Lah. 44 ; Abdul Qayum Shah and others v. Muhammad Sadiq P L D 1950 Pesh. 3 and Raja Debi Bakhsh Singh 19 I C 526 ref.     JUDGMENT   A pre-emption- suit was filed in the Court of Senior Civil Judge, Bahawalpur at Hasilpur on the 31st of February 1960, by Ghaus Bakhsh against Ghulam Husain, Ghulam Qadir and Mst. Sughra, minors petitioners and five others who were the vendees in that sale. Muhammad Bakhsh and Allah Bakhsh vendors were also impleaded as defendants. Haji Saleh, Hafiz Allah Ditta and Mst. Sakina vendee-defendants appeared in Court. Ex parte proceedings were taken against the rest of the defendants. The above-mentioned defendants who had appeared in Court entered into a compromise with the plaintiff and on their statements a consent decree was passed on the 26th of July 1961. The plaintiff took out execution in order to obtain the possession of the property pre-empted by him. The three petitioner-vendees were minors, but they were impleaded in the suit without any guardian.…