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1972 Supreme(Pat) 222

MADAN MOHAN PRASAD
Lachhmi Devi – Appellant
Versus
Chandrakala Saraogi – Respondent


Judgment

Madan Mohan Prasad, J.

1. This is an application in revision against an order granting the prayer of the Opposite Party No. 1 for issue of a commission to examine herself and her witnesses at a place outside the jurisdiction of the Court.

2. It appears that the petitioner Lachhmi Devi filed an application on the 18th of November, 1971, for being appointed the guardian of a minor girl Smita Agrawal under Sec.10 of the Guardians and Wards Act before the District Judge of Purnea. It is said that the aforesaid girl is the only living person in the branch of one Krishna Kumar Das son of Braja Bihari Das. Lachhmi Devi is the wife of Nirmal Kumar Das, brother of Krishna Kumar Das. This application was allowed on the 18th of January, 1972 and the petitioner was appointed guardian. It appears next that on the 3rd of May, 1972, one Chandrakala Saraogi (Opposite Party No. 1), who claims to be the maternal grand-mother of the aforesaid girl filed an application for cancellation of the order appointing Lachhmi Devi as the guardian. The case of Lachhmi Devi in this respect appears to be that Chandrakala Saraogi is the step-mother of the mother of the aforesaid girl. On this basis of the























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