SAVITA CHHABRA Vs. RAMJI CHHABRA

JUDGEMENT

(1.) These analogous First Appeal From Order and Civil Revision involve similar questions for determination hence it is convenience to dispose them of by a common judgment.

(2.) This is defendant's (the mother of minor Rishabh Chhabra) First Appeal From Order under Order 43 Rule l(s) of the Code of Civil Procedure 1908 (for short the Code) directed against the impugned orders dated 15.10.1990 and 7.9.1990 passed in Misc. Case No. 1l5 of 1990 arising out of proceedings under Sections 7 & 8 of the Guardians and Wards Act 1890 (for short the Act).

(3.) The factual matrix of the case is that Sri Vinay Chhabra husband of Smt. Savita Chhabra (for short the appellant) died in a motor accident leaving behind him his minor son Rishabh Chhabra. Thereafter, Ramjeet Chhabra real brother of deceased Vinay Chhabra and the uncle of the minor and a partner in the Firm got himself appointed as guardian of the person and' property of minor. When Smt. Savita Chhabra, mother of minor Rishabh Chhabra learnt that even though she was mother and natural guardian but was not appointed as guardian, made an application under Section 39 of the Act on the grounds that she, being real mother of minor was natural guardian and she could look after the interest of minor better than Ramjeet Chhabra the respondent contending partner whose interest was conflicting to that of the' Minor. During pendency of aforesaid application, another application under Section 12 of the Act, read with Order 40 of the Code, for an interlocutory order for the appointment of the Receiver, was made so that the person and property of the minor in the partnership firm may be protected. That application was rejected by order dated 7.9.1990 passed by the District Judge which is quoted below: