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1 - 4 of 4 (0.20 seconds)The Court of Wards Act, 1879
The Provincial Small Cause Courts Act, 1887
Sri Venkatachellapathy Sabyya ... vs Kanakasabapathi Pillai (Dharmum) And ... on 10 December, 1909
4. Our attention has been called to a few authorities. I do not think that the decision in Sri Venhatachallapathy Sahaya Viyavasaya Co. v. Kanahasabapathia Pillai (1910) I.L.R. 33 Mad. 494 to which Mr. Govindaraghava Ayyar called our attention helps him much. That was a case in which a question as to the construction of the words "relating to trust" within the meaning of Article 18 of the Schedule II to the Provincial Small Cause Courts Act arose, and it was there hold that the suit in that case was not a suit relating to a trust. A case which is more in point is an English case--In re Siaines (1886) 33 Ch. D. 172. The question there was with reference to the construction of Order LI, Rule 1 of the English Rules of the Supreme Court. That rule provides that if in any cause or matter relating to any real estate it appears necessary that the real estate should be sold the Court or a Judge may order the same to be sold. The question was whether the "cause or matter" in question related to real estate. The action was by the next friend of: an infant claiming an account of the personal estate and rents and profits of the real estate. North, J., held that that was not a cause or matter relating to real estate. He said it was really an action for the recovery of rents and profits and that the Court had no power to sell an infant's real estate merely because it thought it would be for his benefit that it should be sold. The words of Order LI, Rule 1 are "relating to real estate." Here the expression is much wider "relating to person or property." The property may be real or personal. As has been pointed out the legislature could not haveiadopted wider or more comprehensive words than "relating to" and I am of opinion that the words "relating to the person or property " are wide enough to include a case in which a claim for money is made against a ward.
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