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Judgment
It has been held in a long series of cases beginning with Unni v. Kunchi Amma 14 M.P 26 : 5 Ind. Dec. (N.S.) 19 see also Putrevu Kamaraju
Vs. Chunduri Gunnayya and Others, that a minor has not got to set aside the transaction by a guardian in suing to recover the property. He can
ignore the transaction and merely pray for possession. That being so, he does not seek cancellation of the instrument. In this respect, his position is
different from that of an adult executing the document himself as pointed out in Unni v. Kunchi Amma 14 M.P 26 : 5 Ind. Dec. (N.S.) 19.
Therefore, Clause iv(a) of Section 7 of the Court Fees Act does not apply. We do not agree with the decision in V.N. Alagar Aiyangar Vs.
Srinivasa Aiyangar and Another, .
In such cases it is proper that the plaintiff should not add unnecessary prayers to confuse the Court and himself. When such prayers are
unnecessary it is best to expunge them. In the present case the plaintiff is willing to expunge the words in prayer Unni v. Kunchi Amma 14 M.P 26 :
5 Ind. Dec. (N.S.) 19 from the words ""setting aside"". If he does so, the Court-fees paid by him is enough. The petition is allowed. No order as to
costs.