L RAM SARUP Vs. GINDOO

JUDGEMENT

(1.) UNDER Rule 1 (xiv) of Chapter II of the Rules of Court, 1952, the Joint Registrar has placed this matter before me so that I may issue directions for his future guidance. The question involved, as rightly, pointed out by him, is one of importance and of frequent occurrence.

(2.) IT appears that Gindoo, the sole respondent in this second appeal, has died. The appellant has made an application to bring five persons on the record as the deceased's legal representatives. Two of the persons sought to be brought on the record are minors. Therefore the petition contains a further prayer, viz. that guardians 'ad litem' be appointed for the said two minors.

(3.) THE question which the Joint Registrar has referred for decision is whether these two prayers could be combined in one petition or whether two separate petitions should have been presented. He has pointed out that prior to the coming into force of the present rules in 1952 such a composite application could be made. He, however, doubts whether in view of Rule 2 (1) of chapter IX of the Rules of Court such a composite application is now entertainable. The reason which has created a doubt in his mind is that under the aforesaid rule every application for substitution of names and every application for appointment of a guardian or next friend is, to be "separately registered and numbered". He feels that possibly an application like the present containing these two prayers is to be given two numbers -- one as an application for substitution of names and the other as an application for appointment of a guardian -- and numbering one application twice may be impracticable.