1. This is an appeal against an order passed by the District Judge of Bareilly, refusing to remove a guardian from her post. A preliminary objection is raised that no appeal lies. We think there is considerable force in this argument. Section 47 of the Guardians and Wards Act gives a right of appeal against an order made by the District Court u/s 39 for removing a guardian, but it nowhere gives ft right of appeal from an order refusing to remove a guardian. Section 48 distinctly says: "Save as provided by the last foregoing section and by Section 622 of the Code of Civil Procedure, an order made under this Act shall be final and shall not be liable to be contested by suit or otherwise." It is, therefore, clear that no appeal lies from the order of the Court below and we, therefore, dismiss this appeal with costs.
Muhammad Anwar Ali Khan And Others v. Dara Shah Khan And Others
Muhammad Anwar Ali Khan And Others v. Dara Shah Khan And Others
(High Court Of Judicature At Allahabad)
| 15-04-1920
Advocate List
Bench
- HON'BLE JUSTICE TUDBALL, J
- HON'BLE JUSTICE SULAIMAN, J
Eq Citations
- 56 IND. CAS. 208
- LQ/AllHC/1920/137
Head Note
Guardians and Wards Act, 1890 — Ss. 47 and 48 — Appeal against order refusing to remove a guardian — Maintainability — Held, S. 47 gives a right of appeal against an order made by the District Court u/s 39 for removing a guardian, but it nowhere gives ft right of appeal from an order refusing to remove a guardian — S. 48 distinctly says: "Save as provided by the last foregoing section and by Section 622 of the Code of Civil Procedure, an order made under this Act shall be final and shall not be liable to be contested by suit or otherwise" — Hence, no appeal lies from the order of the Court below — Appeal dismissed with costs
