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Muhammad Anwar Ali Khan and ors. Vs. Dara Shah Khan and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in56Ind.Cas.208
AppellantMuhammad Anwar Ali Khan and ors.
RespondentDara Shah Khan and ors.
Excerpt:
guardians and wards act (viii of 1890), sections 47, 48 - order refusing to remove guardian--appeal, whether lies. - - section 48 distinctly says:.....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.....
Judgment:

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 under Section 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.


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