CHANDRA BHUKHAN SINGH Vs. SUJAN KUNWAR

JUDGEMENT

(1.) This is an application in Civil Revision to quash the order of the District Judge of Cawnpore, dated the 28th of March, 1919, on the ground that it was passed without jurisdiction. It raises a question of difficulty and importance and appears not to be covered by authority. The order purports to have been made under Section 41(3) of the Guardians and Wards Act, Act No. VIII of 1890.

(2.) The facts are as follows: In 1907, the present applicant, Kunwar Chandra Bhukhan Singh, was appointed under the Act, guardian of the property of the minor, his nephew, who had inherited a very valuable zamindari estate which, it is admitted, is impartible. On the 23rd of November, 1918, the minor died. Up to that time there had been no suggestion that the guardian had failed in any way to do his duty.

(3.) No sooner had the minor died than litigation was started to determine who should succeed him. The two claimants were: (1) The widow of the minor, the opposite party here; and (1) the applicant.