PUNJAJI Vs. RAMANAND

JUDGEMENT

(1.) SUBHEDAR , A.J.C. 1. A decree on the basis of a mortgage was passed in the lower Court against two persons, Akoji Narayan and his minor son Punjaji Ekoji, the latter being a minor was represented through the Court Reader who was appointed guardian ad litem under Order 32, Rule 3 Civil P.C. Against the aforesaid decree' the present appeal has been filed on be half of the minor by his mother Sarjabai although she was not appointed guardian ad litem originally but was so appointed after the passing of the decree by the lower Court on an application made by her in that behalf for removal of the Court reader from the guardianship and for her own appointment under Order 39 Rule 11, Civil P.C.

(2.) A preliminary objection has been raised by the respondent's pleader that the appeal was not properly filed and should be dismissed as such because after the suit was decided the lower Court was functus officto and could not pass any orders under Order 32 Rule 11 for the removal of the original guardian ad litem and substitution of the mother in his place. Saijabai has now moved this Court to take action under Clause 32 Rule 11 for removing the Court Reader and for her own appointment as guardian in order to enable her to conduct the an peal on behalf of the minor.