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Mohan Singh Vs. Musammat Anar Kuar - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1914All97; 24Ind.Cas.518
AppellantMohan Singh
RespondentMusammat Anar Kuar
Excerpt:
gaurdians and wards act.(viii of 1890), section 12 - power of district judge to direct any party to proceeding to deposit in count any sum due to minor--jurisdiction. - - if the matter bad ended there, there would have been no case for our interference :but an order to this effect was incorporated in the formal order or decree, which was drawn up in the case. but we think mohan singh is entitled to complain of the fact that a direction ordering him to deposit a sum of money has been incorporated in the decree of the court below......for appointment as guardian had been made by musammat anar kuar and was being opposed by mohan singh. the learned district judge ordered that a certificate of guardianship of the person and property of the minor be granted to musammat anar kuar. that order was not appealed against and became final between the parties. it so happened that in the course of the inquiry the learned district judge formed an opinion that mohan singh had in his possession a sum of rs. 2,000 which rightly belonged to the minor. at the close of the judgment by which he disposed of the questions raised by the parties, the district judge noted that he directed mohan singh to deposit the? sum of rs. 2,000 within a month to the credit of the minor, and that if this were not done it would be necessary to.....
Judgment:

1. This is an application in revision arising out of an order passed by the District Judge of Bareilly in a proceeding under the Guardians and Wards Act. The question was as to the appointment of a guardian to the person and property of a minor named Roshan Lal. An application for appointment as guardian had been made by Musammat Anar Kuar and was being opposed by Mohan Singh. The learned District Judge ordered that a certificate of guardianship of the person and property of the minor be granted to Musammat Anar Kuar. That order was not appealed against and became final between the parties. It so happened that in the course of the inquiry the learned District Judge formed an opinion that Mohan Singh had in his possession a sum of Rs. 2,000 which rightly belonged to the minor. At the close of the judgment by which he disposed of the questions raised by the parties, the District Judge noted that he directed Mohan Singh to deposit the? sum of Rs. 2,000 within a month to the credit of the minor, and that if this were not done it would be necessary to take proceedings in a Criminal Court. If the matter Bad ended there, there would have been no case for our interference : but an order to this effect was incorporated in the formal order or decree, which was drawn up in the case. After directing the grant of certificate, which was the only matter which the decree in the case , should have dealt with, the said decree, repeats the order to Mohan Singh directing him to deposit in Court within one month a sum of Rs. 2,000. We cannot find any section in the Guardians and Wards Act under which the learned Judge had power to pass such an order against Mohan Singh in the proceedings before him. If he meant only to warn Mohan Singh of the probable consequences of his acting dishonestly with respect to this sum of money, he could have done so. But we think Mohan Singh is entitled to complain of the fact that a direction ordering him to deposit a sum of money has been incorporated in the decree of the Court below. We so far accept his application that we order the following words : Mohan Singh is directed to deposit in Court within one month the sum of Rs. 2,000 , which he has, raised by mortgage of his nephew's shop or it will be necessary to refer the matter to the Cirminal Court' to be expunged from the decree or formal order passed in this case. The learned District Judge will, in consultation with the guardian of the minor, take such steps as he con- , siders necessary both to protect the minor's interests and to secure the enforcement of the bond.


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