SHAILENDRA KUMAR GOVIL Vs. SMT. PRAMILA GOVIL

JUDGEMENT

(1.) THIS is a first appeal from order on a petition under Section 7 of the Guardians and Wards Act. The order appealed from runs as follows:

(2.) THE petition bears no date. Even the verification clause does not contain the place or the date of its verification, but it appears to have been presented in the Court of the District Judge on 27th November, 1981. The learned District Judge admitted the petition, ordered it to be registered, and directed issue of notice to the opposite -party fixing 19th February, 1982. The learned District Judge did not apply his mind to the requirements of Section 11 of the Guardians and Wards Act, while directing issue of notice. Section 11 reads thus:

(3.) SECTION 13 of the Guardians and Wards Act says that: "On the day fixed for the hearing of the application or as soon afterwards as may be, the Court shall hear such evidence as may be adduced in support of or in opposition to the application."