JUDGMENT

1. This is, an appeal from the decision of the District Judge of Dacca, dated the 8th of August 1917.

2. The real paint at issue is, whether the citation served upon a minor in an uncontested Probate proceeding by serving it upon her husband after the husband has been appointed her guardian in the proceeding is bad because the husband was appointed guardian without his consent.

3. The facts are shortly as follows:On the 10th August 1914 one Mohendra Narain Saha died leaving a Will, dated the 14th Sravan 1321 B.S., corresponding to 30th July 1914. He left him surviving a widow, Mrinalini Dabya, and a daughter, Hironmoyee Dasi. On the 11th November 1914 Mrinalini applied for Probate of the Will, The petition states that the testator had two near relatives, namely, Hironmoyee Dasi, minor wife of Susan Bahari Ray, residing at 13, Nather Bagan Street, Calcutta, represented by her husband Susen Behary Ray, residing at the same place, and also a sister's son named Jotindra Nath Saha. Upon the same day that the petition was presented a petition was also presented on behalf of the petitioner for the appointment of guardians of the two minors. The petition states that Hironmoyee is und