MUNNILAL Vs. MUKHTESHWAR PRASAD

JUDGEMENT

(1.) This is an application in revision by one Munni Lal who has been directed by the District Judge of Bhagalpur to refund Rs. 849-8-0 in connexion with his guardianship of the estate of one Muk. teshwar Prasad a minor. The applicant was appointed guardian of the estate of the minor on 6 November 1933. He was removed from the guardianship on 19 January 1937.

(2.) In the interval he had applied to the District Judge on various occasions for permission to bring a certain suit on behalf of the minor. The District Judge repeatedly refused to sanction the suit in the sense of sanctioning any expenditure by borrowing and alienations on account of the suit though Mr. Beevor, the then District Judge, pointed out that no sanction for the suit itself was necessary.

(3.) The only ground on which the application before me can be entertained in revision being one of jurisdiction, Mr. Jha for the petitioner has cited Nabu Bepari V/s. Sheikh Mahomed (1901) 5 C.W.N. 207 and Abdul Hasim V/s. Malika Khatun (1919) 6 A.I.R. Cal. 833. In the former of these cases Secs.34 and 41, Guardians and Wards Act were considered and it was held that Section 41 cannot be construed into giving the Court, by summary procedure, a power to order accounts to be rendered after the termination of guardianship, and that the summary powers created by Section 34 of the Act cease as soon as the minority of the ward ceases. That was a case where the minor after attaining majority had applied for the appointment of a commissioner to examine the accounts and the District Judge had passed an order directing the guardian to pay to the minor the sum that the com. missioner on examining the accounts had found due.