the learned counsel for the appellant would submit that the appellant/plaintiff counsel contend that hiba was made in favour of defendant Nos.6 and 8, who were minors at that time. The said contention was not raised before the Trial Court either by way of plaint or pleadings nor was there any evidence led to prove his contentions before the Trial Court. Therefore, such contentions cannot be raised before the Court. The learned counsel would contend that the judgment relied upon by the learned counsel for the appellant referred supra wherein it is held that no mother of the minor can be given guardianship and submits that grandmother of defendant Nos.6 and 8 had no authority or right to be the legal guardian when the father of defendant Nos.6 and 8 was alive. The learned counsel would submit that the facts of the judgment passed by the Apex Court cannot be applicable to the present case since, at the time of dispute, defendant No.5 i.e., father of defendant No.6 and defendant No.7 i.e., the father of the defendant No.8 were also a party to the present proceedings. Hence, could not have been
