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Report No. 83

9.13. History of section 48.-

It may be noted that the provision in section 48 is, to a large extent, derived from the Act of 18741 relating to European British minors. Section 9 of that Act provided that "Save as provided by section 8, no order passed under this Act in respect to the guardianship of a minor's person or property shall be liable to be contested in any other proceedings". However, it should be noted that by section 8 of the same Act, it was, inter alia, provided that "in cases instituted under this Act, the Court shall be guided by the procedure prescribed in the Code of Civil Procedure in so far as the same is applicable."

Thus, in the scheme of the Act of 1874, the provision of the Civil Procedure Code relating to review became applicable to all orders under that Act.

1. Section 9, European British Minors Act (13 of 1874).

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

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