- (1.) This is a defendants' appeal against an appellate decree of Mr. Sham Lal, Subordinate Judge, Dharamsala, dated the 18th February, 1949 modifying the decree of the trial Court and reducing the area gifted in favour of the donee from 19 kanals 4 marlas to 9 kanals 10 marlas.
(2.) The following pedigree-table of the parties will show their relationship : Dayala defendant No. 1 made a gift of 19 kanals 4 marlas of land in favour of his daughter Janam Devi on the occasion of her marriage. He made a gift of the rest of his land, his total holding being 27 kanals 4 marlas, to the plaintiff Gian Singh. Gian Singh brought the suit out of which this appeal has arisen to challenge this gift and that the alienation will not affect his reversionary rights. As Janam Devi was a minor, a Court official was made a guardian ad-litem. The trial Court dismissed the plaintiff's suit but the appellate Court varied the decree by reducing the land gifted from 19 kanals 4 marlas to 9 kanals 10 marlas.
(3.) This appeal is filed by Dayala both on behalf of himself and on behalf of his minor daughter. A preliminary objection is raised that Dayala had no right to bring the suit and that the donee was not properly represented because the only person who could file the appeal was the guardian-ad-litem appointed by the Court and nobody else Reliance was placed on Order 32, rule 3, of the Code of Civil Procedure. It is, however, not necessary to decide this question because Dayala was a defendant and his rights of making the gift are being affected and he, therefore, had a right to bring this appeal and an appeal by him is, therefore, competent.;