KISHANA AND ANOTHER Vs. SUBHASH AND ANOTHER

JUDGEMENT

(1.) This revision petition is directed against the order of the Additional District Judge, Hissar, dated Sept. 26, 1988, whereby the application for removal of the guardian of the minors who had attained majority was dismissed.

(2.) Subhash and Anguri, were minor son and daughter of Smt. Maya Devi. One Mann Singh was appointed their guardian by the Guardian Court. They filed the suit for declaration which was decreed by the trial Court, defendants filed the appeal. During the pendency of the appeal, the minors attained majority and an application was filed on behalf of the defendants that Mann Singh guardian, be removed and notice be sent to the minors who had attained majority. The learned Additional District Judge declined the said 'prayer on the ground that since Mann Singh was appointed Court guardian, he could not pass any order for his removal.

(3.) According to the learned counsel for the petitioner, in view of section 41 of the Guardian and Wards Act, the power of a guardian of a person cesses by the ward ceasing to be a minor. Thus, argued the learned counsel, the view taken by the learned Additional District Judge was wrong and illegal. The learned counsel further submitted that as a matters of fact, during the pendency of the suit, the said minors after attaining majority entered into a compromise with the defendant-petitioner and, therefore, if notice is issued to them, the litigation will come to an end.