JUDGMENT

Tottenham and Norris, JJ. - The Subordinate Judge appears to have based his judgment upon the case of Chunee Mal Johury v. Brojo Nath Roy Chowdhry ILR Cal. 967 where it was held that the making of the order under the provisions of Act XL of 1858, and not the subsequent taking out of the certificate is that by which a guardian is appointed of the person and property of a minor within the meaning of Section 3 of the Indian Majority Act. With great respect to the Judges who decided that case, we are unable to agree with them. Stephen v. Stephen ILR Cal. 714 is an authority the other way; and though on appeal it was found that the learned Judge, Wilson, J., who had decided the case had mistaken the facts, not only was no doubt thrown by the Court of Appeal on his view of the law, but Garth, C. J., says, "I think until the certificate has been actually issued, the estate of the minor does not vest in the person who obtains the certificate see Stephen v. Stephen ILR Cal. 901. Mr. Evans tax the respondent contended that the order directing the certificate to be granted operated as a grant of the certificate, and clothed Jit Lall with as much authority as if he had actually taken o