BACHCHA SHANKAR MISHRA Vs. SHRI KRISHNA PANDEY

JUDGEMENT

(1.) Heard on admission.

(2.) Challenge put-forth in this petition under Article 227 of Constitution of India is to an order dated 18-10-2010 passed by the Family Court in Case No. 2/2010, which is an application under Section 39 of the Guardians and Wards Act, 1890 (for short 'the Act of 1890'); whereby, the petitioner has sought the relief to remove respondent Nos. 1 and 2 as guardian by baby Gouri.

(3.) During the pendency of said case, petitioner herein filed an application seeking amendment and proposed to amend the cause-title, pleadings as well as the prayer clause. The Trial Court after considering the application and the reply filed by respondents herein, rejected the application on the ground that the same would lead to change the nature of application under Section 39 of the Act of 1890. Aggrieved whereof, the petitioner has filed this petition on the ground that the Trial Court was not justified in dismissing the application for amendment.