S.R. Bhargava, J. - (1.) This appeal is directed against order of District Judge, Allahabad dismissing an application under Section 12 of the Guardian and Wards Act for protection of minor's property. It is unfortunate that in application under Section 12 of the Act an injunction order was sought. It is equally unfortunate that the learned District Judge disposed of the application by criptive order: "In the absence of father, mother will be more favourable guardian of property of minor than uncle. Application is rejected."
(2.) Appellant filed a revision against the order. But there was office report that first Appeal against order should be filed and thus the appellant was compelled to convert his revision into appeal. It may be mentioned that Section 47 of the Act makes only specific orders under the Act appealable and an order under Section 12 is not appealable. Section 48 of the Act permits revision against order under Section 12 of the Act. But for finality and early disposal of the matter this Court is not inclined to further go into the question whether the impugned order is appealable or revisable. Whether an appeal lies or a revision lies, High Court can interfere.
(3.) Coming to the facts of the case, what appears is that Nazeer Khan died leaving behind him his young widow and minor son Mohd. Arif aged about 10 years. He had deposits in Bank as also share in agricultural land. After his death, his brother Naseer Ahmed filed application for his appointment as guardian of minor Mohd. Arif. In the application for appointment of guardian he alleged that Nazeer Khan made oral Will for appointment of Naseer Ahmed as guardian of the minor. He further alleged that mother of the minor left her husband's house and she may re-marry leaving the minor as destitute.;