Allahabad High Court
Muhammad Anwar Ali Khan And Ors. vs Dara Shah Khan And Ors. on 15 April, 1920
Equivalent citations: 56IND. CAS.208, AIR 1920 ALLAHABAD 197(1)
JUDGMENT
1. This is an appeal against an order passed by the District Judge of Bareilly, refusing to remove a guardian from her post. A preliminary objection is raised that no appeal lies. We think there is considerable force in this argument. Section 47 of the Guardians and Wards Act gives a right of appeal against an order made by the District Court under Section 39 for removing a guardian, but it nowhere gives ft right of appeal from an order refusing to remove a guardian. Section 48 distinctly says: "Save as provided by the last foregoing section and by Section 622 of the Code of Civil Procedure, an order made under this Act shall be final and shall not be liable to be contested by suit or otherwise." It is, therefore, clear that no appeal lies from the order of the Court below and we, therefore, dismiss this appeal with costs.