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Report No. 83

6.33. Section 14-Recommendation to revise sub-section (3).-

Section 14 deals with simultaneous proceedings in different courts. It may be noted that the section applies also to an application for appointment of guardian of the property of a minor.1

Sub-section (3) of the section, dealing with the case where the Courts are not subordinate to the same High Court, provides that the Court shall report the case to and be guided by such orders as they may receive from their respective State Governments. The conferment of this power on the State Government is not in harmony with the independence of the judiciary and, in fact, later legislative practice in India indicates a different approach2 in regard to analogous situations, it would be more appropriate if the power is given to the High Court within the local limits of whose jurisdiction the court in which the earlier proceedings were taken is situated. We, therefore, recommend that section 14(3) should be revised as under:-

"(3) In any other case in which proceedings are stayed under sub-section (1), the Courts shall report the case to the High Court, and the High Court within the local limits of whose jurisdiction the Court in which the proceedings were first taken is situate shall determine in which of the Courts the proceedings with respect to the appointment or declaration of a guardian of the minor shall be bad."

1. P. Pullama v. M. Venkatasubbaiah, AIR 1963 AP 97.

2. See section 23(3), Code of Civil Procedure, 1908.

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

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