Guardian and wards act

Querist : Anonymous (Querist) 30 September 2011 This query is : Resolved
whether an appeal lies or revision petition lies against the order of district court under gaurdian and wards act

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Shailesh Kr. Shah (Expert) 30 September 2011
Yes, as per section 47.

An appeal shall lie to the High Court from an order made by a Court- under Section 7, appointing or declaring or refusing to a appoint or declare a guardian, or under Section 9 sub-section (3) returning an application, or under section 25, making or refusing to make an order for the return of a ward to the custody of his guardian, or under section 26, refusing leave for the removal of a ward from the limits of the jurisdiction of the Court, or imposing conditions with respect thereto, or under Section 28
or section 29, refusing permission to a guardian to do an act referred to in the section, or under section 32, defining, restricting or extending the powers of a guardian, or under section 39, removing a guardian, or under section 43, regulating the conduct or proceedings of a guardian or settling a matter in difference between joint guardians or enforcing the order, or under section 44 or section 45, imposing a penalty.

Shailesh Kr. Shah (Expert) 30 September 2011
However Section 48 says :-

Save as provided by section 47 and by section 622 of the Code of Civil Procedure, 1882 (14 of 1882) an order made under this Act shall be final, and shall not be liable to be contested by suit or otherwise.

Querist : Anonymous (Querist) 30 September 2011
i got confused as there is foot note no. 32 to the section 47 of gaurdians and wards act which says to see section 115 of cpc which speaks of revision

so sir can u plz clarify it by going through the section and tht footnote specifically

Raj Kumar Makkad (Expert) 30 September 2011
Foot note no. 32 of section 47 confirms the revision subject to section 115 of CPC means the conditions appended thereto are to be complied with.

R.Ramachandran (Expert) 01 October 2011
Section 47 clearly provides for Appeal against an order passed by the Court.

Sec. 115 CPC (Revision) will come into play where there is no provision for appeal provided for or for that matter the order is a non-appeallable order.

prabhakar singh (Expert) 01 October 2011
Your query does not speak under which section for what the application was filed???

If it is covered by section 47,Nothing but Appeal shall lie.For what you got confused can be dealt only when disclose prayer rejected by the District Judge is disclosed.

Mr. has made things clear and Mr. Ramachandran has already in agreement,it is now your to check,whether order is covered by section 47 or not.