PUHAN MAL Vs. JANKI PERSHAD SINGH

JUDGEMENT

(1.) This is an appeal against certain proceedings of the District Judge of Gya, which have been characterized and very correctly characterized as being of a somewhat unusual nature.

(2.) It appears that on the 6 of January, 1900, an application was made by certain ladies, who were members of a joint Hindoo family, for the appointment of a guardian of their minor children. The husbands of these ladies were living. There was no allegation of the children having separate property, and the District Judge, after considering the matter, recorded an order that he did not see how the Guardian and Wards Act could apply, and accordingly no order under the Guardian and Wards Act was made. Subsequently, on the 17 of the same month, the Judge recorded an order to the effect that the whole estate having come under the management of the Court, owing to joint petitions from the owners and the guardians of the minor sharers, the Nazir of the Court was authorized to raise any sum " that might be required to pay off certificates, etc., on the security of the whole estate." The learned Judge also directed that rubokaris should issue to the Collector and all the Subordinate Courts. A further order was recorded on the 22nd of the same month to the effect that nothing further would be done for the major Pandooi Babus, until they signed a document that the estate was to remain under the Court, till the minors came of age. On the same date Munder Lai who, we understand, is the Nazir of the Judge's Court, was appointed receiver for three months. On the ,23 of January, 1900 Janki Pershad Singh and Ram Raohhiya Singh filed an application stating that they agree to the estate remaining under the management of the Court. Then, on the order sheet, we find further orders of the 25 of January and the 31 of January 1900 acknowledging the receipt of letters from the Soubordinate Judge, 2nd Court, informing the District Judge that certain proceedings in the Pandooi estate cases had been stayed.

(3.) The applicants before us are the judgment-creditors in the execution case, and the opposite parties are Janki Pershad Singh and Ram Rachhiya Singh, judgment-debtors, under the decree obtained by the applicants against them. The applicants complain that the effect of the Judge's order is to take over the management of the property under no law or procedure whatever, and to put the state of these gentlemen entirely beyond their power, when they wish to execute their decree against them.