Decided on April 02,1907



Davar, J. - (1.) THE plaintiff, who is an attorney's clerk, has filed this suit for a declaration amongst other things that on the two insolvencies of the first defendant's father, Bhai Gunpat, the properties mentioned in the plaint vested in the Official Assignee and that the same are now validly transferred to him. For a sum of Rs. 2000 paid by him to the Official Assignee he has purchased from him all the right title and interest of the insolvent Bhai Gunput in the properties mentioned in the schedule to the conveyance, dated the 23rd of December 1905 and all other estate that may have been left by Gunput Maneckji Patel, the father of the insolvent Bhai Gunput. The properties claimed by the plaintiff are of the value of about a lac and ninety thousand Rupees. On the 17th of January 1907 the plaintiff presented a petition to the Prothonotary alleging that the first defendant was a minor under the age of 18 years and praying that his mother or some other fit and proper person may be appointed his guardian ad litem for the purposes of the suit. The notice was argued before me in Chambers on Saturday the 23rd and Tuesday the 26th of March last.
(2.) AT the hearing before me Mr. Setalvad for the plaintiff admitted that the first defendant was over eighteen years of age but he contended that by reason of an order made by the late Mr. Justice Tyabji on the 10th of March 1905 whereby the first defendant's mother was appointed the guardian of the person and property of the first defendant who was then a minor the first defendant would not attain majority till he was 21 years of age. Mr. Inverarity for the first defendant contended that the order of the 10th of March 1905 was an order which ought never to have been made and the same was on the 28th of January 1907 on an application made to me in Chambers by the first defendant and his mother set aside by me and that the first defendant now was in the same position as if the original order had never been made.
(3.) MR . Setalvad strenuously argued that I had no power to cancel vacate and set aside the order made by Mr. Justice Tyabji and that in doing so I acted without jurisdiction. He further argued that once the order was made the period of minority under the provisions of Section 3 of the Indian Majority Act being Act IX of 1875 was extended to 21 years and that the subsequent annulment cancellation or setting aside of the order did not affect the question.;

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