Harnam Singh, J. - (1.) In order to appreciate the point of law that arises for decision in Regular First Appeal No. 41 of 1952, the facts of the case may be set out in some detail.
(2.) By Notification No. 601-133-1, dated the 29th of April, 1919, the Court of Wards for tne Punjab made an order under section 6 of tne Punjab Court of Wards Act, 1903, hereinafter re leered to as the Act, assuming superintendence of the persons and property of 'Mian' Lachhman Singh, Santdev Singh, Shivdev Singh and Hardev Singh sons of 'Raja' Ragnunath Singh of Jaswan, Hoshiarpur District.
(3.) On the 12th of March, 1951, the Court of Wards Amb Estate instituted Civil Suit No. 27 of 1901 under Section 88 of the Code of Civil Procedure, hereinafter referred to as the Code. In paragraphs Nos. 3 and 4 of the plaint it is stated that defendants Nos. 1 and 2 claim that by the rule of primogeniture governing succession in the family deleiidant No. 1 is entitled to me possession of the property in suit, w(sic) defendants Nos. 2, 4 and a claim that defendants Nos. 1 to 5 are entitled to tne possession of the property in suit, rule of primogeniture being not applicable. In paragrph No. 6 ot the plaint it is stated that the Court of Wards for tne Punjab does not claim any interest in the subject-matter of the suit other than for charges and costs.;