- (1.) In this Reference the point is whether a District Judge can transfer to an Additional District Judge an application with respect to guardianship either of the person or the property of a minor. In spite of service of notice none of the parties have appeared either in support of or to oppose this Reference made by the learned Additional District Judge, Jalpaiguri.
(2.) At the outset we may point out that S.4A of the Guardians and Wards Act, 1890 had no manner of application to the facts of the present case. Our attention "was not drawn to any general or special order under sub-s (1) of S. 4A of the Guardians and Wards Act, 1890 made by the Court empowering the Additional District Judges to dispose of the proceeding under the said Act or authorizing the District Judges to empower any officer subordinate to them to dispose of such proceeding. Only when jurisdiction is conferred under S.44(1) of the said Act, the Judge of a district court may be an order in writing under sub-s.(2) of S.4A of the said Act transfer at any stage any proceeding under the Guardians and Wards Act pending in his court for disposal of any officer subordinate to him empowered under sub-s.(1) of the said section.
(3.) Sub-section (1) of S.7 of the Guardians and Wards Act 1890 provides :- "Where the court is satisfied that it is for the welfare of a minor that an order should be made - (a) appointing a guardian of his person property, or both or (b) declaring a person to be a such a guardian, the Court may make an order accordingly.";