Alfred Henry Lionel Leach, C.J.

1. The appellants were the defendants in O.S. No. 27 of 1932 of the District Court of West Godavari, instituted by two minors through their mother, acting as their next friend. A decree was passed against them and this was subsequently transferred to the respondent by the mother, acting as the guardian of the property of the minors. The respondent then applied to be brought on the record in the place of the decree-holders and to be allowed to execute the decree. The learned District Judge allowed the application, and the appeal is from that order. The question for decision is whether a guardian of the property of a minor can transfer a decree passed in favour of the minor without first obtaining the sanction of the Court. In allowing the application the learned Judge relied on the decision in Govindarajulu Naidu v. Rang a Rao (1920) 40 M.L.J. 124. The appeal has been placed before a Full Bench as that decision was dissented from in Kancherla Kanakayya v. Mulpuru Kotayya AIR1921Mad587 .

2. Order 32, Rule 7 of the Code of Civil Procedure provides that no friend or guardian for the suit shall, without the leave of the Court expressly recorded in t