S.K. MAL LODHA, J.—This appeal under section 47(b) of the Guardians and Wards Act, 1890 (No. VIII of 1890) (hereinafter referred to as the Act) is directed against the order of the learned District Judge, Jodhpur dated September 18, 1978 by which she dismissed his application under S.25 of the Act. It may be stated here that the learned counsel for the father (applicant before the Disrict Judge) stated before her that it is not necessary to return the application for presentation to the proper court as another application will be submitted in the court at Bharatpur if the father-applicant so likes. The appellant submitted an application under S. 25 of the Act against the respondent for return of the minor son of the parties who had completed seven years in March 1978, to his custody. In para 4 of the application, it was mentioned that the minor, at the time of its presentation, was living with his mother at Bharatpur It was also admitted by the learned counsel for the father-applicant before the learned District Judge that after 1974, the minor has resided and has been residing at Bharatpur and that for two months, he remained at the house of the parents of the mother. This applica

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