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Court of Wards, Manoli Vs. Sardarni Gurdial Kaur - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtPunjab and Haryana High Court
Decided On
Case NumberEx. First Appeal No. 3 of 1953
Judge
Reported inAIR1953P& H273
ActsPunjab Court of Wards Act, 1903
AppellantCourt of Wards, Manoli
RespondentSardarni Gurdial Kaur
Appellant Advocate D.N. Aggarwal, Adv.
Respondent Advocate Tek Chand and; Amar Chand Hoshiarpuri, Advs.
DispositionAppeal dismissed
Cases ReferredAppellant v. Sardarni Gurdial Kaur
Excerpt:
.....of a decree or order. thus the contention that against an order passed by a single judge in an appeal filed under section 104 c.p.c., a further appeal lies to a division bench cannot be accepted. the newly incorporated section 100a in clear and specific terms prohibits further appeal against the decree and judgment or order of a single judge to a division bench notwithstanding anything contained in the letters patent. the letters patent which provides for further appeal to a division bench remains intact, but the right to prefer a further appeal is taken away even in respect of the matters arising under the special enactments or other instruments having the force of law be it against original/appellate decree or order heard and decided by a single judge. it has to be kept in mind..........sardarni gurdial kaur w/o sardar umrao singh, ward, defendant.i, r. p. kapur, esquire, i. c. s., deputycommissioner, ambala, in charge of the courtof wards manoli estate on behalf of thecourt of wards, in exercise of the powersconferred on me by number (3) of the rulesframed under section 4 (3), court of wards act,do hereby nominate and appoint opindarsingh manager court of wards to appear,plead and act for court of wards in theabove case.dated 19-12-1952. sd/- r. p. kapur,deputy commissioner, ambala.'the deputy commissioner, mr. r. p. kapur, has authorized opindar singh to appear, plead and act for court of wards in the above case. opindar singh is not an advocate. at least he has not been shown to be one and he has no power to appear and plead and act in a court of law which words.....
Judgment:

Kapur, J.

1. This is a judgment-debtors' appeal against an order passed in execution by Mr. Pitam Singh Jain, Senior Subordinate Judge, Ambala, dated 11-8-1952, allowing the decree-holder to take out execution.

2. A preliminary objection has been raised that this appeal has not been properly filed in that the person signing the Power of Attorney for filing the appeal could not do so. The decree-holder Sardarni Gurdial Kaur made an application in the Court of the Senior Subordinate Judge for execution claiming a sum of Rs. 47,000/- being the arrears of maintenance due to her for 47 months from 1-1-1947 to 30-11-1950. The value of the suit for the purpose of jurisdiction was Rs. 37,500/- and the objection is that the appeal could not be filed except under the authority of the Financial Commissioners who is the Court of Wards and that the power of attorney in favour of Mr. Dwarka Nath Aggarwal should have been signed by the Deputy Commissioner himself.

3. In order to decide this question reference may here be made to some of the relevant provisions of the Act. According to Section. 4, Punjab Court of Wards Act, the Financial Commissioner is the Court of Wards for the Punjab. In Appendix B of the Court of Wards Act, 1903 provision is made in Cluase 16 for the institution and defending of suits, which is as follows:

'16. No suit exceeding Rs. 5,000/- in value, as estimated for court-fee purposes, shall be instituted or defended on behalf of a ward's estate without the sanction of the Court of Wards and the rules for the conduct of Govt. suits, as contained in Standing Order No. 59 shall, as far as possible, apply to the institution or defence of such suits.'

In Appendix C are given the powers of the Deputy Commissioners and Commissioners. Clause (3) of this Appendix deals with the powers of the Deputy Commissioners to bring or defend any suit and is as follows:

'(3) To bring or defend any suit of an estimated value for court-fee purposes of Rs. 1,000/- or less and to depute any person to conduct the same. Also to engage legal practitioners and sign powers of attorney in all cases in which the institution or defence of suits has been sanctioned by competent authority.'

The Second part of this Appendix deals with powers of Commissioners and Clause (15) of this part is as follows:

'(15) To sanction the institution or defence of any suit of an estimated value for court-fee purposes of Rs. 5,000/- or less.'

4. Although this document is not on the file but it appears that the Court of Wards, that is the Financial Commissioner had ordered the defence of the execution proceedings by an order dated 27-6-1949 which is in the following words:

'In the circumstances explained, the Court of Wards is pleased to order the defence, on behalf of the Ward of the case filed by Sar-darni Gurdyal Kaur senior wife of Sardar Umrao Singh.'

This is signed by one Raghbir Singh, Revenue Secretary to the Financial Commissioner, East Punjab. I do not propose to take a very strict view of this, although it can be argued that this is not a proper sanction as contemplated by CL 16 of Appendix B. Considering for the purpose of argument though not deciding this question that this is a good sanction, the question still remains as to the competency of Opindar Singh to authorise the filing of this appeal.

5. According to Rule. 3 of Appendix C dealing with the powers of Deputy Commissioners, the Deputy Commissioner has the power to bring or defend any suit and to depute any person to conduct the same. He can engage legal practitioners and sign powers of attorney in all cases in which the institution or defence of suits has been sanctioned by competent authority. As I have said taking it that there was sanction of competent authority, has a power of attorney in favour of Dwarka Nath Aggarwal been signed by the Deputy Commissioner? The power of attorney which is on the record is signed by one Opindar Singh, but Opindar Singh is not the Deputy Commissioner of the District.

6. Mr. Dwarka Nath Aggarwal has drawnour attention to a document which is on thefile and is a power of attorney in accordancewith Appendix X of the Court of Wards Act.The power of attorney is in following words:

'In the High Court of Judicature, Punjab,Simla.Court of Wards Manoli Estate, Ambala, Appellant v. Sardarni Gurdial Kaur w/o Sardar Umrao Singh, Ward, Defendant.I, R. P. Kapur, Esquire, I. C. S., DeputyCommissioner, Ambala, in charge of the Courtof Wards Manoli Estate on behalf of theCourt of Wards, in exercise of the powersconferred on me by number (3) of the rulesframed under Section 4 (3), Court of Wards Act,do hereby nominate and appoint OpindarSingh Manager Court of Wards to appear,plead and act for Court of Wards in theabove case.Dated 19-12-1952. Sd/- R. P. Kapur,Deputy Commissioner, Ambala.'

The Deputy Commissioner, Mr. R. P. Kapur, has authorized Opindar Singh to appear, plead and act for Court of Wards in the above case. Opindar Singh is not an Advocate. At least he has not been shown to be one and he has no power to appear and plead and act in a Court of law which words apply to the exclusive right of the bar. At any rate as I read the words of Clause (3) it is the Deputy Commissioner who must sign the power of attorney of the Advocate who acts on behalf of the Court of Wards in this Court. As there is no such authorization the appeal filed by Mr. Dwarka Nath Aggarwal under a power of attorney given to him by Opindar Singh is not effective and thisappeal is therefore not filed by a person authorized by law to do so.

7. Our attention was also drawn to a power of attorney on the record of this case which was filed in the executing Court. That was given by the then Deputy Commissioner to Mr. Lakshmi Chand Advocate, Ambala. It is not, therefore, that the Deputy Commissioner was not aware that he alone could give a power of attorney. In these circumstances in my opinion the objection is well founded and the appeal filed through Mr. Dwarka Nath Aggarwal is not a properly filed appeal. I would therefore dismiss this appeal with costs.

Falshaw, J.

8. I agree.


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