Kolkata Court January 1912 Judgments

Misri Sahu Vs. Vishu Nath Sahu

Court: Kolkata

Reported in: 52Ind.Cas.985

1. This is an appeal on behalf of the plaintiff in a suit to enforce a mortgage security alleged to have been executed by the defendant in his favour on the 14th May 1907. The suit was commenced on the 15th June 1908. Amongst other defences the defendant urged that he was an infant at the time when the transaction took place. The Court found upon the evidence that the defendant was born on the 17th August 1892 and that a guardian of his person and property had been appointed under the Guardians and Wards Act' so that the defendant could not attain majority till the 17th August 1913. Notwithstanding this finding, the Court heard the case on the merits and made a decree against the defendant though he was not represented by a guardian ad litem. The defendant appealed to the District Judge and although according to his own contention which had been accepted as well-founded by the original Court he was an infant, he preferred the appeal himself as if he was sui juris. No objection was take...