- (1.) THIS is a judgment-debtors' appeal against an order passed in execution by Mr. Pitam Singh jain, Senior Subordinate Judge, Ambala, dated 11-8-1952, allowing the decree-holder to take out execution.
(2.) A preliminary objection has been raised that this appeal has not been properly filed in that the person signing the Power of Attorney for filing the appeal could not do so. The decree-holder sardarni Gurdial Kaur made an application in the Court of the Senior Subordinate Judge for execution claiming a sum of Rs. 47,000/- being the arrears of maintenance due to her for 47 months from 1-1-1947 to 30-11-1950. The value of the suit for the purpose of jurisdiction was rs. 37,500/- and the objection is that the appeal could not be filed except under the authority of the Financial Commissioners who is the Court of Wards and that the power of attorney in favour of Mr. Dwarka Nath Aggarwal should have been signed by the Deputy Commissioner himself.
(3.) IN order to decide this question reference may here be made to some of the relevant provisions of the Act. According to Section. 4, Punjab Court of Wards Act, the Financial commissioner is the Court of Wards for the Punjab. In Appendix B of the Court of Wards Act, 1903 provision is made in Cluase 16 for the institution and defending of suits, which is as follows: "16. No suit exceeding Rs. 5,000/- in value, as estimated for court-fee purposes, shall be instituted or defended on behalf of a ward's estate without the sanction of the Court of Wards and the rules for the conduct of Govt. suits, as contained in Standing Order No. 59 shall, as far as possible, apply to the institution or defence of such suits. " In Appendix C are given the powers of the Deputy Commissioners and Commissioners. Clause (3) of this Appendix deals with the powers of the Deputy Commissioners to bring or defend any suit and is as follows: " (3) To bring or defend any suit of an estimated value for court-fee purposes of Rs. 1,000/- or less and to depute any person to conduct the same. Also to engage legal practitioners and sign powers of attorney in all cases in which the institution or defence of suits has been sanctioned by competent authority. " The Second part of this Appendix deals with powers of Commissioners and Clause (15) of this part is as follows: " (15) To sanction the institution or defence of any suit of an estimated value for court-fee purposes of Rs. 5,000/- or less. ";