BIMLA KAPUR Vs. RAJINDER KAPUR

JUDGEMENT

(1.) THIS is a mothers appeal under section 47 of the Guardians and Wards Act, 1977(1920 A. D.) against an exparte judgment and order dated November 24, 1970, of the learned District Judge, Srinagar. allowing the application of the respondent under section 25 of the Act and directing the appellant to hand, over custody of her three minor children namely Neera aged 9, Sanjeev aged 6, and Sameera aged 5 to the respondent, who is admittedly the father of the minors.

(2.) MR . Sunder Lal appearing on behalf of the respondent has raised a preliminary objection to the effect that the appeal is time barred and should be rejected on that ground. He has urged that the appeal ought to have been filed within 90 days of the passing of the impugned order as required by Article 156 of the State Limitation Act, 1977, which governs the case and since it has been filed on July 1. 1971, it is clearly barred.

(3.) MR . S. P. Gupta appearing on behalf of the appellant has, however, contended that Article 156 of the Limitation Act applies only to appeals, the right to file which is given by the Code of Civil Procedure and since the right of appeal in the present case is conferred by section 47 of the Guardians and Wards Act and no period of limitation in respect thereof is prescribed in the Act, the appeal cannot be held to be time barred.