( 1 ) THIS appeal is arising out of a judgment and order being Order No. 31, dated 1 4/02/1996 passed by Shri A. N. Sen, the Id. District Judge, Barasat, North 24-Parganas, in Act VIII Misc. Case No. 5 of 1994 dismissing the said Misc. Case on contest but without cost.

( 2 ) THE Act VIII Misc. Case No. 5 of 1994 was instituted by Pravat Kumar Saha, the appellant (hereinafter referred to as 'appellant') by filing an application under Sections 7, 8 and 10 of the Guardians and Wards Act, 1890 before the Ld. District Judge at Barasat, 24-Parganas (North) praying that appellant be appointed guardian of the person and property of the minor Shri Debankur Pramanick alias Bapi (hereinafter referred to as 'bapi' ) till he attains maturity and/ or majority. The respondent Dilip Pramanick (hereinafter referred to as 'respondent') who is the father of Bapi also filed an application under Sections 7, 8 and 10 of the Guardians and Wards Act, 1890 for recording 'no objection' of the respondent to the application of the appellant for appointment as guardian of the person and property of the minor Bapi till he attains the maturity and/or majority, However, subsequently the responde