- (1.) IN an application of redemption of land under the Debt Redemption Act (Bharatpur) the Debt Conciliation Board ordered redemption against the non-applicants, the mortgagees. Three of the non-applicants were minors and in spite of this fact being pointed out to the Conciliation Board no guardian was appelated to represent them in the court. It was held that the Conciliation Board had erred in deciding the case without appointing a guardian. Ujjwal M. - This is an appeal against the judgment of the Debt Conciliation Board Bharatpur.
(2.) AN application was filed by the Collector Deeg under Debt Redemption Act of the Bharatpur Government before the Debt Conciliation Board for redemption of the land belonging to Kalu, Bugli and others against the appellants who were the mortgagees. The Debt Conciliation Board has accepted the application and ordered its redemption without payment of any money. It is against this order that this appeal has been filed. The only point urged by the counsel for the appellants is that three of the non-applicants who were mortgagees namely Mangtu, Ramjilal and Shri Ram were minors and their mother Mst. Thandi was their natural guardian but that neither a notice was given to these minors or their natural guardian nor any guardian was appointed on their-behalf. In the absence of any body to represent the minors the order passed by the Debt Conciliation Board was a nullity and should be set aside. The counsel for the respondents is not able to show why no guardian was appointed for the minors and why no notice was even given to the minors or their natural guardian. A perusal of the record shows that the respondents had applied to the trial court stating that Mangtu Ram, Ramjilal and Shri Ram were minors and were living with their mother who was their natural guardian. But no orders about appointing a guardian was passed by the trial court. As no case could proceed without appointing a guardian for the minors the trial court erred in deciding the case without appointing a guardian or even without giving a notice to their natural guardian. The appeal is, therefore, accepted, subject to concurrence of my learned colleague, and the case remanded to the appropriate court for deciding it afresh after giving notice of the minors and appointing a guardian to represent them.;