Shamsher Bahadur, J.

1. This appeal is directed against the order of the District Judge, Delhi, who refused to appoint the appellant Shiv Saran Dass guardian of his minor son, Om Prakash. In pursuance of the will executed by Shrimati Sat Bharanwan on 22-4-1957, the minor had to be maintained by a trust appointed by her, Shiv Saran Dass presented an application under Section 7 of the Guardians and Wards Act alleging that the minor was not being properly maintained and asked for his own appointment as guardian. Written statement was filed on behalf of the two trustees, Sant Ram Ghai and Gobind Ram on 4-12-1958.

The proceedings were adjourned for recording the statements of the parties to 12-12-1958 on which date one joint statement of the two trustees and a statement of the petitioner were taken down. The case was then adjourned for orders on 2-1-1959. On 2-1-1959, the learned Judge wanted to rehear the arguments in the case and adjourned the case to 9-1-1959. The order impugned in this appeal was passed by the learned District Judge on 13-1-1959.

2. Shiv Saran Dass, father of the minor, has come in appeal to this Court and it has been contended by his learned counsel that th