( 1. ) THIS application arises out of First Appeal No. 33 of 1946 which has bad rather an unfortunate and chequered career in this Court. It appears that in that appeal there were several respondents and two of them, viz. , respondent No. 7 and respondent No. 8, were minors. During the pendency of the appeal one oe the minors became major and an application was made by the appellant informing the court about this. On 10th December, 1951 that application was put up before this bench. The Bench required the office to report if an affidavit was necessary in view of a ruling of Mangalmurti and Mudholkar, JJ. in First Appeal no. 2 of 1949. It appears that the application was not accompanied by an affidavit which, according to the rules of this High Court has to be filed along with every application stating a fact. The case was put up before the same Bench on 10th December, 1951, and the bench ordered as follows :--

"shri P. S. Pultambkar for the appellant. We have seen the ruling of the division Bench in F. A. 2/49. That case covers the present point. There is thus no reason to hold that the appellant had any duty in this matter. However, Shri Pultambkar says that he will file