Choudhary, J.

1. This application in revision arises out of an order passed by the Second Additional District Judge, Arrah, dated the 5th of August, 1954, rejecting summarily the application filed by the petitioner under Sec.39 of the Guardians and Wards Act (hereinafter to be referred to as the Act) for discharge of the opposite party and for his own appointment as the guardian of a minor named Jagnarain Singh, son of the Sukhdeo Singh.

2. In order to appreciate the points raised in this case it will be necessary to give, a few facts leading to the institution of the proceeding. On the 7th of February, 1953, the opposite party Ramraj Singh filed an application for being appointed as the guardian of the aforesaid minor. He claimed to be the maternal uncle of the minor concerned and stated in his application that the minor had no other near relation besides him except the mother. He was appointed guardian by the District Judge of Shahabad on the 18th of May, 1953.

On the 18th of February, 1954, the petitioner filed an application under Section 39 of the Act. He stated that he was the own maternal uncle of the minor and that the opposite party secured an order for his own app