KHOSLA, D.FALSHAW
Suba Singh Kure Singh – Appellant
Versus
Neki Kishen Sahai – Respondent
Khosla, J.
1. This is an application for the review of our order passed in L. P. A. No. 94 of 1949. The appeal was dismissed on the ground that it had not been properly filed. The appeal purported to be on behalf of Sube Singh and his two minor brothers through the guardianship of Sube Singh. It was brought to our notice that an officer of the Court had been appointed as guardian-ad-litem of the minors. He was not removed and Sube Singh was not substituted in his place. The appeal should therefore have been filed by the officer of the Court. Sube Singh was not the properly appointed guardian and so the appeal was dismissed not having been properly filed. It is this order of dismissal which is sought to be reviewed by the present petition.
2. A preliminary objection is taken by Mr. Daya Krishan Mahajan that no application for the review of an order passed in a Letters Patent appeal lies. He has drawn our attention to the wording of Section 114, Civil P.C. and two reported decisions of the Allahabad and Patna High Courts respectively. In --Mt. Abhilakhi v. Sada Nand, 53 All 535, a Full Bencii of three Judges was constituted to consider this point. Two of the Judges took the v
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