Lahiri, J. :- This Rule was obtained by Kazi Abdul Mohit who is paternal uncle of certain minors and it is directed against an order made by the Additional District Judge, 24-Parganas, refusing his application to remove the opposite party 1, who is the mother of the said minors, from guardianship under S. 17, Guardians and Wards Act. The Rule was also issued against the opposite party 2, who is the maternal grandfather of the minors, but it is not pressed.

2. A Muslim gentleman named Khan Bahadur Kazi Abdul Rashid died leaving certain minor children and upon his death two applications were filed for the guardianship of the persons and properties of the minor children. One application was made by the present petitioner who is the paternal uncle of the minors and the other application was filed by the opposite party 1 who is the mother of the minor children. By an order dated 9-10-1947 the Additional District Judge, who heard the two cases appointed the mother, opposite party 1, as the guardian of the persons and properties of the minors. The petitioner in this Rule filed an application before the lower Court praying for the removal of opposite party 1 from the guardianship o