Law: Civil Procedure Code (V of 1908)

Section: 151,7

  Civil Procedure Code (V of 1908), S. 151-Suit for parti tion of ancestral property-Minors not properly represented nor pro tection of their interests considered-Material irregularity in con duct of suit-Court must act in exercise of inherent powers under S. 151.   Mohanlal Tejumal v. Sh. Khushalibal and others A I R 1937 Sind 101 rel.   Talib All Shah v. Piarey Lal and another A I R 1930 All. 644 ; Lal Babu v. Rang Bahadur Singh A I R 1936 Pat. 506 and Ram Parkash v. People's Bank of Northern India Ltd. A I R 1937 Lah. 72 ref.   Sheopujan Singh and another v. Chandi Singh and others A I R 1951 Pat. 283 and Hamira Sibua v. Lalu Ganga A. I R 1954 M. B. 81 distinguished.   Civil Procedure Code (V of 1908), O. XXXII, r. 7-Com promise on behalf of minors-Court in accepting compromise not applying judicial mind to question whether compromise would be for benefit of minors or not-Provisions of O XXXII, r. 7, held, ~E not properly complied with.   Ram Gopal v. Shand Lal A I R 1942 All. 85; Awadhesh Prasad Missir v. Tribeni Prasad Missir and others A I R 1940 Pat. 663; Virji Kalianji v. Emperor A I R 1935 Sind 95; Bishundeo Narain and another v. Seogeni Rai and others A I R 1951 S C 280 Shukrullah and others v. Zohra Bibi and others A I R 1937 P C 35 and Koshy George v. Sara Maria and others A I R 1957 Trav.-Cochin 91 ref.   Dates of hearing : 18th, 25th January and 1st February 1965.   JUDGMENT   This application under section 151 of the Code of Civil Procedure has arisen in the following circumstances. On 11-1-58, a suit was filed in the Court of the Deputy Commis sioner of Kalat by Mst. Rahmat Khatoon, widow of the late Sardar Gul Muhammad Khan Magsi, acting on her own behalf as well as the next friend of her minor children, for the partition and possession of the ancestral property left by the late Nawab Qaisar Khan Magsi. Acting under section 11 of the Dastural Amal Diwani applicable to the Kalat State, the Deputy Com missioner, with the permission of the High Court, referred the case to the Sardari Jirga. The Jirga met on the 21st September 1960 and it was stated that a compromise was being negotiated between the…