Lord Atkin.:-

This is an appeal from the decision of the High Court, Patna, affirming a decision of the District Judge, Cuttack, allowing an application by a relative of the minor son of appellant 1 and appellant 2 for the appointment of a guardian of the property of the minor son of appellant 1. The position arose in this way : Up to 1919 there was a joint Hindu family consisting of the branches of three brothers Bhaban, Gouranga's son Muralidhar, the applicant in this case, and Khotrabasi. They had some considerable zamindari properties and they also carried on a moneylending business. In the year 1918 Muralidhar, who was the nephew of the other two members of the family, applied for and obtained, a partition. It is significant that the partition proceedings continued between all three members of the family as late as the year 1926. It is said, however, on the present application that Bhaban and Khetrabasi, the two brothers, within a few months, in 1919, agreed again to unite; and from that time, it is said, they became a joint undivided family. It is said that in those circumstances if in fact they were a joint family there is no jurisdiction to appoint a guardian of the property