MANOJ KUMAR Vs. BABLOO CHOUKSEY ALIAS BALMUKUND CHOUKSEY

JUDGEMENT

(1.) THIS Civil Revision is filed against the order dated 5-2-2007 passed by adj, Gadarwara dismissing the application of the petitioners filed under Order 7 Rule 11, CPC. The applicants/petitioners had filed the application challenging the jurisdiction of the Trial Court to pass any order under Section 9 of the guardians and Wards Act, 1890. By the said application, the petitioner had also prayed that since the minor Shubhank whose custody was being considered by the Court had not been impleaded as a party the suit was bad for non-joinder of necessary party.

(2.) MOREOVER, relying on a judgment passed in the matter of K. C. Shashidhar Vs. Smt. Roopa, AIR 1993 Karnataka 120, Counsel for the petitioners stated that the jurisdiction would lie with the Court within whose jurisdiction the minor resided.

(3.) ALSO relying on Section 9 of the Guardians and Wards Act, 1890, which states thus:-