escape the responsibility of considering these
unforseen contingencies? However, I cannot ignore the
modern tendency in Courts to take the view that if a
case is entirely unprovided for by a Statute, either
directly or indirectly, then it must remain nobody's
child - a luckless orphan of the law (In re Leicester
Permanent Building Society, 1942 Ch. 340). Same was
the view of Devlin L. J. in Gladstone V/s. Bower,
reported in 1960 (2) QB 384 when he observed "we
cannot legislate for casus omiss". This tendency has
given rise to inconvenient results. One option left
for me is to express regrets for a statutory lacuna
and to hope that it will be remedied by legislation
and occasionally the hope is fulfilled, even if
tardily. However, in my opinion, in this case there
is "impalpable line" of distinction which should
enable the Court to come out of helplessness. In this
case" the caption of Sec. 15 gives general indication
to give power to correct the entry in the Birth
Register. However, specific case of correction of
name of the child already entered is omitted to be
provided for. When the entry is erroneous, there is
power to correct. When it is factually improperly
made, there is power of correction. Question is when
entry is rightfully made can it be corrected by
resort to this power ? In my opinion, once power to
correct an entry already made in the Birth Register
is conceded, it should legitimately take within its
sweep the correction of entries rightfully made. It
is the correction of the name of the child at the
instance of the parents or wards. What possible
objections can there be in reading such power in the
authority if power to correct erroneous entry is
conceded ? The omission in the present case appears
to be non-deliberate. In my opinion, omission being
not deliberate and not supported by cogent reasons it
would not be hazardous to read "implied will of the
Legislators" in this provision so as to authorise the
Registrar to correct the name of the child at the
instance of the parents. I, therefore, hold that
there is power in the Registrar to correct the entry
already made by entertaining the application of the
parents. In undertaking this exercise, I am reminded
of what C. K. Alien said in his book "Law in the
Making":
