Lalji Mandal and Others vs Parbal Mandal and Others

This is an application for restoration of First Appeal No. 33 of 1939.

On 10th August 1939, the record was placed before the Bench for an order with regard to the payment of the costs of the Deputy Registrar, who had been appointed guardian ad litem of the minor respondents 11 to 16 by an order passed by the Registrar on 26th July 1939. The Bench gave the appellants a week''s time in which to deposit the guardian''s costs, and directed that if the costs were not paid within that time the appeal would stand dismissed as againt the minor respondents.

The guardian''s costs were not paid with the result that the appeal stood dismissed. We are now asked to revise that order, and it is pointed out to us that a guardian for the minors had been appointed in the Court below and that notice of the appeal had actually been served upon him. It was therefore not proper for the Registrar to appoint another guardian for the minor respondents until the existing guardian had been discharged. The pleader appointed by the Court below as guardian ad litem has appeared in the appeal, and in these circumstances we consider it desirable that the order of the Registrar, dated 26th July 1939, appointing the Deputy Registrar as guardian of the minors, should be recalled.

The application for restoration is accordingly allowed and First Appeal No. 33 of 1939 is restored to the list. There will be no order for the costs of this application.