( 1 ) THIS is an appeal by Johara Khatun Bibi alias Johara Bibi who had applied for appointment as guardian presumably of the person and properties of Gole Arjan, minor daughter of Sheikh Ayub Rahaman deceased from an order dismissing her application on the ground that an earlier application of hers had been dismissed. It appears from a copy of the judgment in Case No. 151 of 1953 and the judgment of this Court on appeal that her earlier application was not for appointment as guardian but it was an application for a declaration that she was the guardian of the person of the minor. That application was dismissed and the learned Judge thought that as that case was rejected after contest, because she was not fit to be appointed guardian, her application for being appointed guardian was to be rejected. Evidently what the learned Judge must have meant by saying that her earlier claim was rejected after contest as she was not fit to be appointed guardian is that it was rejected because she was not thought fit to be declared guardian. In that case there was no question of her being appointed guardian. The distinction between the two cases is that one can be declared a