Report No. 83
8.7. Recommendation to amend section 41(1) and 41(2).-
We think that the wider view should be incorporated by an express amendment of the section. Even at present, the language of section 41(3) is wide enough to include the case of a guardian ceasing to be such by reason of the death of the ward.1 However, a doubt has been expressed as to whether the Court has any power in such a situation-the suggestion being that the parties must be left to litigate in an ordinary Court.2 The position should be made clear by a suitable amendment recognising the wider scope of the section.
Accordingly, we recommend addition of the following words at the end of section 41(1)(c) and 41(2)(c):-
"or by the death of the ward".
1. Kullappa v. Palaniappa, AIR 1951 Mad 574 (575) (Vishwanath Shastri, J.).
2. Tulasidas v. Madhavdas, AIR 1926 Mad 148 (149) (Srinivas Ayyangar, J.).