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Report No. 83

9.5. Section 47 and orders undgr section 34(d).-

The first point concerns orders under section 34, clause (d), which are, at present, not appealable. In our view, an order under this clause, even as the clause now stands, is an order of some importance and should be appealable. Observations of eminent Judges1 have indicated the need for providing an appeal against these orders. After the amendment2 which we have recommended in section 34(d), an appeal is all the more necessary against such orders, as their scope will now be much wider than at present.

An order refusing to pass a direction under section 34(d) should also be appealable. Of course, the appeal should be against a final order, and not a merely interlocutory one, whether it be one directing payment or one refusing to direct payment.

1. E.g. Gopalaswanw v. Ramayya, AIR 1944 Mad 397 (Leach, C.J.).

2. Paras. 7.34 to 7.36, supra.

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

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