JUDGMENT

G S Patel, J. - Heard through video conferencing.

2. This is the fourth or fifth such matter that has come before me in the last two weeks on an objection taken by the Registry. In each case, there is an estate in which a minor has an interest and the applicant, either for Letters of Administration or a Succession Certificate, is the mother and natural guardian of the minor. In every such case, the Registry has taken an objection demanding that the mother must justify the surety for the entirety of the minor's share in the estate. The objection is apparently based on Rule 422 of the Bombay High Court (Original Side) Rules.

3. In every single matter, I have dispensed with the requirement of surety. I will proceed to do precisely that in this matter too.

4. But I do believe it is now time that Rule 422 be correctly interpreted so that this objection is not taken again and again. Rule 422 of the Original Sides Rules reads thus:

"R. 422. Surety to be justified in certain cases.-

(a) In the following cases the surety to the bond shall justify for the whole amount of the estate-

(i) When the person to whom the grant is made has taken out letters of administration or succession certifi