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Narayandas Ramdas Vs. Saheb Husein - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtMumbai
Decided On
Judge
Reported in(1888)ILR12Bom553
AppellantNarayandas Ramdas
RespondentSaheb Husein
Excerpt:
.....that the nazir has been unavoidably prevented from making himself acquainted with the case against the minor. the court might well, under such special circumstances, in the event of the plaintiff refusing to provide the moans for enabling the nazir to obtain the necessary information from the minor's relations, cancel the appointment of the nazir (which it is to be remarked is not obligatory on the court) either in exercise of its inherent power over its own officer or at any rate under section 458 of the civil procedure code, which applies to other causes for removal as well as misconduct......from the nazir, who is thus practically prevented from conducting the minor's defence without incurring expense; the court might well, under such special circumstances, in the event of the plaintiff refusing to provide the moans for enabling the nazir to obtain the necessary information from the minor's relations, cancel the appointment of the nazir (which it is to be remarked is not obligatory on the court) either in exercise of its inherent power over its own officer or at any rate under section 458 of the civil procedure code, which applies to other causes for removal as well as misconduct.
Judgment:

Charles Sargent, C.J.

1. There is no power in the Court to order the plaintiff to pay a fee for the purpose of enabling the Nazir, who has been appointed guardian ad litem, to put himself in communication with the natural guardians and other friends of the minor, but the Court may well and indeed ought to refuse to go on with the suit if it should be of opinion that the Nazir has been unavoidably prevented from making himself acquainted with the case against the minor. In the present case, the minor is residing in a Native State at a distance from the Nazir, who is thus practically prevented from conducting the minor's defence without incurring expense; the Court might well, under such special circumstances, in the event of the plaintiff refusing to provide the moans for enabling the Nazir to obtain the necessary information from the minor's relations, cancel the appointment of the Nazir (which it is to be remarked is not obligatory on the Court) either in exercise of its inherent power over its own officer or at any rate under Section 458 of the Civil Procedure Code, which applies to other causes for removal as well as misconduct.


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