MAHARAJAH BIR BIKRAM KISHORE MANIKYA BAHADUR SON OF MAHARAJAH BIRENDRA KISHORE MANIKYA Vs. ALI AHAMAD SON OF SAHAJAD KAYEM

JUDGEMENT

(1.) This is an application in connexion with a batch of 47 appeals now pending before His Majesty in Council. The Privy Council numbers are 118 to 164 of 1923. The appeals arise out of certain settlement proceedings under the Bengal Tenancy Act and they raise a question between the appellant to England and various tenants of his as to the right of the appellant to an enhancement of rent. The High Court decided against the appellant and his application for leave to appeal to His Majesty in Council was filed on 10 December 1923.

(2.) It appears that when the cases were before this Court the Deputy Registrar was representing the interest of certain minors among the tenants, and for the purpose of the application for leave to appeal to the Privy Council there was an order made on 8 February 1924 that the Deputy Registrar should continue to represent the minors when he represented in the High Court appeals, and certain provision was made for his costs. A certificate that the cases were fit to be taken on appeal was granted by this Court on 8 June 1925 and the appeals ware finally admitted on 27 July 1925; since that time the record has been printed in India and has lately been forwarded to England.

(3.) Now, the practice of this Court with reference to minors in cases of appeals to the Privy Council is as follows : By Rules 41 and 42 of Ch. 6 of the High Court Rules on the appellate side it is provided that all applications by, or on behalf of, an infant shall be made in the name of the infant by the person whose name is on the record as his next friend or guardian; and whenever any application is consented to, or opposed by, an infant, the infant shall in like manner be represented by the person who appears on the record as his next friend or guardian.