LAWS(UTN)-2020-10-48

KHASTI DEVI Vs. GITA

Decided On October 14, 2020
Khasti Devi Appellant
V/S
GITA Respondents

JUDGEMENT

(1.) The petitioner has preferred the present writ petition, challenging the impugned order dated 18.05.2018, as passed by the Court of Additional District Judge, Ramnagar, in Civil Revision No. 27 of 2018, Smt. Khasti Devi and another Vs. Smt. Gita, by virtue of which, the revision, preferred by the petitioner, was dismissed, and as a consequence thereto it was resulted into an affirmation of an order dated 12.03.2018, which was passed by the Civil Judge (Senior Division), Ramnagar, in Civil Suit No. 25 of 2016, Smt. Khasti Devi and another Vs. Smt. Gita.

(2.) During the pendency of the Suit in question, an Application was preferred by the plaintiff No. 1, by invoking the provisions contained under Order 32 Rule 7(1A) of CPC. In the said application, thus preferred, the petitioner had sought the following prayer:-

(3.) In fact, the appointment of guardian, which was intended to be sought for, by virtue of the said application, it was intended to be for the purposes of pressing the compromise, in the suit in question. However, the said application was rejected on the ground that there was no valid prior permission was taken under Section 8 of the Hindu Minority and Guardianship and Wards Act, 1890, the said judgement on a challenge before the Revisional Court was affirmed by the Revisional Court on 18.05.2018.