MT. JAMNABAI Vs. GOPAL DAS

JUDGEMENT

(1.) GULAM Mohiuddin, A.J.C. 1. This is an appeal filed on behalf of Mt. Jamna Bai, a minor, against the order, dated 17th March 1927, passed by the District Judge, Saugor, sanctioning expenditure of Rs. 15,000, for the marriage of Kaushalya Bai. It is argued on behalf of Mt. Jamna Bai that this appeal is under Section 47(1), ?Guardians and Wards Act, and it is prayed that if it is decided that no appeal lies, in that case, this application may be treated as an application for revision under Section 48, Guardians and Wards Act.

(2.) THE appeal which concludes with the prayer that the sanction of the expenditure of Rs. 15,000 be set aside as vindictive, unnecessary and uncalled for does not relate to any of those matters which are mentioned in Section 47(1), Guardians and Wards Act, and, therefore, it is clear that no appeal lies under Section 47(1), Act 8, 1890.

(3.) THE District Judge certainly had power to decide the question of the marriage expenses of Mt. Kaushalya Bai and he fixed the amount at Rs. 15,000. This appeal was filed on 16th June 1927, and as the marriage was performed in the first week of June the amount was already spent before the appeal was filed., In a similar case, where an application was made in the Allahabad High Court Walsh and Kanhaiya Lal, JJ., held as follows: We are asked to interfere under Section 48 which is equivalent to Section 115, Civil P.C. We are of opinion that revision does not lie in a matter which is purely a question of amount, and a question of discretion in the Court. : In the matter of Durga Bai A.I.R. 1926 All. 301.