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Godavarti Periah Minor By Mother … vs Godavarti Lakshmidevi Ammal And … on 9 August, 1912

Madras High Court
Godavarti Periah Minor By Mother … vs Godavarti Lakshmidevi Ammal And … on 9 August, 1912
Equivalent citations: 16 Ind Cas 797
Bench: R Benson, Napier


JUDGMENT

1. The District Judge is in error in thinking that executors have been appointed. There are no executors under, the Will. It is also argued here that a next friend cannot apply on behalf of a minor and Gulab Chand v. Moti 25 B. 523 : 3 Bom. L.R. 795 and Ex parte Mahadev Gangadhar 28 B. 344 : 6 Bom. L.R. 281 are relied on in support of that proposition. On the other hand, Ram Kuar v. Sardar Singh 20 A. 352 : A.W.N.(1898) 64 is a decision that a next friend can apply. We prefer the reasoning in the Allahabad case. It is most necessary that this estate should be attended to. The so-called executors have done nothing up to the present day, though it was on their promise to apply for Probate that the certificate was refused. We set aside the order of the District Judge and direct him to restore the petition to his file and deal with it in accordance with law in the light of the above observations. Costs will abide the result.

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