JUDGMENT Remfry, J. - This is an application by way of appeal from the order of the Master. It appears that the guardian ad litem for some minor Defendants, after filing a joint written statement, failed to comply with an order that he should file an affidavit of documents. The Plaintiffs accordingly applied for an order in terms of Or. 11, r. 21 of the Code of Civil Procedure. Although, r. 23 of the Order makes r. 21 applicable to guardians of minor Defendants, the Master refused to make an order with, a default clause. The guardian consented to the order but as the Master very rightly says, the consent of a guardian does not absolve the Court from its duty to protect the interests of minors. The guardian appeared and did not contest the matter but merely asked for a week from the date of my order to file his affidavit of documents. 2. The Master refused to pass any order as to the effect of any default on the ground that it was not the practice to do so. He also points out that if Or. 11, r. 21 is enforced, the suit--if there is only a guardian as the Defendant--could not appear in any Court and he says that no decree could be passed against the Defendants. 3. Now Or. 11, r. 21 is part of the rules of this Court unless the Court has made a rule of itself expressly or by implication abrogating it. 4. There is no such rule, and it seems to me that serious difficulties will arise if a guardian after filing a written statement could, without incurring the penalty provided under Or. 11, r. 21, refuse to file an affidavit of documents. 5. There appears to be no difficulty in enforcing an order under Or. 11, r. 21 against a minor. If the guardian is in default the suit will go into list in which it would have appeared, had no written statement been filed. 6. In my opinion a practice of the Court cannot be allowed to abrogate the rules which apply to this Court. The guardian is willing to file his affidavit of documents and by consent the costs of this application will be costs in the cause, but the order will contain a clause that in default Or. 11, r. 21 will be enforced. The guardian is willing to file his affidavit of documents and by consent the costs of this application will be costs in the cause, but the order will contain a clause that in default Or. 11, r. 21 will be enforced. The Defendant will have one week in which he must file his affidavit.