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Report No. 83

9.11. Temporary nature of orders.-

In particular, it is recognised that orders as to custody are temporary.1

A possible exception would be an order appointing a guardian2-an order which can either be contested on appeal3 or (in effect) be set aside by taking proceedings for the removal of the guardian. But apart from such special situations, courts have, in general, attempted to achieve substantial justice by allowing review in suitable cases.4 In an exceptional case, even an order of an appointment of a guardian has been recalled.5

1. V. Munisamappa v. Krishnamma, AIR 1959 Mys 150.

2. Farid v. Mitho, 1943 PR 1906 followed in Shaifan v. Vhali, AIR 1922 Lah 395.

3. Section 47.

4. Rashmoni v. Canada, AIR 1915 Cal 49: 19 CWN 84 (88).

5. Walmia Khotoon v. Kabiruddin, AIR 1958 Pat 410.

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

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