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Report No. 83

8.12. Section 42.-

This takes us to section 42, which provides for the appointment by the Court of a successor to a guardian in two cases:-

(i) where the guardian is discharged, or, under the law to which the ward is subject, ceases to be entitled to act; or

(ii) where the guardian is removed or dies.

In the first case, the power of the Court is confined to a guardian appointed or declared by the Court. In the second case, the power extends also to a guardian appointed by a will or other instrument. The procedure in Chapter 2 must be followed.1 The terms of the section have created no problems, but a question has arisen as to how far an order appointing a second guardian under section 42 is appealable under section 47. We propose to consider the matter under the latter section.2

1. See, in particular, section 11.

2. See discussion as to section 47, infra, (para. 9.7).

The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back

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