The Calcutta Weekly Notes Law Notes and Noted of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of Other High Courts in India Monday May 8 1933

The rule so far as is material to the present discussion runs thus: The notice to a minor of the proceedings in this Court whether such minor was a party in the Courts below or is substituted in this Court shall in the first instance be served on a proposed guardian who must eitfier be the certificated guardian or in his absence the natural guardian. [...] When at the date when the High Court is approached either by way of appeal or revision there is already a minor on the other side the rule can be understood to rquire that in addition to the memorandum of appeal or the substantive petition as the case may be there must be a further application dealing with the matter of guardianship. [...] The interpretation is untenable on the face of it and is excluded by the language of the rule itself which only speaks of a notice to a minor." The rule could not be otherwise for in the case of Appellant or Petitioner there is no notice to serve on him. [...] But if the notice is served on the natural guardian and he does not appear in the case within twenty one days after the service of the notice the matter shall be brought to the notice of the Registrar with a view to appointment of the Deputy Registrar as guardian ad litem of the minor in question. [...] Once the Court passing a mortgage dcree has definitely laid down the order in which the mortgaged properties are to be sold the executing Court cannot ignore the original decree and proceed to sell the prperties in a different order in spite of the objections of the decree-holder.