The plaintiffs' appeal was, however, allowed by the lower Appellate Court where, at the first instance, they had assailed the finding recorded by the Trial Court about the jurisdiction of the Civil Court to try the suit. The Lower Appellate Court held that the judgment in the case of Amar Singh and another v. Ram Singh, AIR 1932 Lahore 236 is not applicable to the facts and circumstances of the present case and relied upon the judgments in the case of Katikara Chintamani Dora and others v. Guatreddi Annamanaidu and others, AIR 1974 Supreme Court 1069, Ram Swarup and others v. Shikar Chand and another , AIR 1966 Supreme Court 893, Sucha Singh and Balwant Singh v. Nand Singh and others, 1976 PLJ (P&H) 183 and Rajender Singh v. Gur Chand and another, 1984 PLJ 360. It was held that since the plaintiffs were minors and were not represented at all by their guardians, therefore, decree against minors was a nullity and could have been challenged before the Civil Court. Insofar as issue no.4 is concerned, it was held that once the Civil Court has already set aside the partition proceedings and the order of the Assistant Collector 1st Grade, the status quo ante is resumed and the plaintiffs automatically became joint owners in possession of the suit property and were not required to seek the remedy of possession and for that matter, the judgment of the Supreme Court in the case of Ram Saran and another v. Gang Devi, AIR 1972 Supreme Court 2685 is not applicable. Consequently, the lower Appellate Court decreed the suit of the plaintiffs.
