RAVULA SOMAYYA Vs. SYAGANTI KOMARAYYA

JUDGEMENT

(1.) In this matter, which has been brought up by the office before this court, a question of procedure of considerable importance is involved.

(2.) A few facts leading to the posting of the matter before the Court may be stated O.S. No. 44/1, of 1958 was filed by Saiganti Mukaraiah against Ravula Somaiah in the Additional Munsif Magistrates Court, Warangal, and ended in a decree in favour of the plaintiff. On appeal, the learned District Judge, Warangal, confirmed the judgment. Thereafter S. A. No. 203/1958 was filed by tile defendant R. Somiah. Pending the second appeal, the appellant died.Thereafter the present application C. ML P. No. 391 of I960 has been filed by the 4 sons and one daughter of the deceased, who are minors, through their next friend. The office insisted upon filing this application along with the guardian petition. It is pointed out on behalf of the petitioners that it is not necessary that the guardian should act for the minors in an application to bring on record the minor legal representatives of the deceased appellant

(3.) The question, therefore, is whether the legal representatives of an appellant, who are minors need be represented by a guardian in filing an application to bring them on record as the legal representatives of the deceased appellant or the next friend of the minor legal representatives of the deceased appellant could validly make an application for bringing the minors as the legal representatives.