The main legal point established in the judgment is that the provisions of S. 141, C. P. C. are applicable to proceedings under the Guardian and Wards Act, allowing for the application under O. IX, R. 13, C. P. C. to be maintainable before the Family Court.

( 1 ) APPELLANT-ARUNA Kumari was married to respondent-Dr. Ambrish kumar Sengar on 14/2/1993. A child named shashank was born within the wedlock on 26/9/1994. On account of some matrimonial dispute, appellant was living with her parents at Vasco -de-Gama, Goa along with her son. Ex parte decree for divorce was passed in favour of the respondent by the court at Udaipur in the State of Rajasthan. Respondent claimed that the Court at udaipur has found that the husband and wife had last resided at Udaipur in the year 1998. After the said ex parte decree, respondent entered into second marriage. Respondent then submitted an application under s. 25 of the Guardian and Wards Act read with S. 6 of the Hindu Minority and Guardianship Act for custody of the child shashank in the Court of VIIth Additional district Judge Gwalior. The then Seventh additional District Judge, Gwalior passed an ex parte order dated 27-4-2002 and allowed the application under S. 25 of the Guardian and Wards Act in favour of the respondent directing delivery of custody of the son to the respondent. Having learnt that said ex parte decree has been passed, appellant filed an application under O. IX, R. 13, C. P. C. for setting aside the ex parte decree on 4-9-2002 before the Court of Vllth Additional District judge, Gwalior. Said application was returned to the appellant for presentation before the Family Court on 7-10-2002. Then application was filed before the Family Court setting out the grounds for setting aside the ex parte decree specifically alleging that notices were not served upon the appellant. Said application has been dismissed by the family Court on the ground that the provisions of O. 9, R. 13, C. P. C. are not applicable to the proceedings under Guardians and wards Act. After rejection of the application, appellant has preferred this appeal before this Court under S. 19 of the Family Courts act praying therein that the application under O. IX, R. 13, C. P. C. before the Family court was maintainable and order passed by the Family Court deserves to be set aside.

( 2 ) OBJECTIONS were raised by the respondent that the order passed under S. 25 of the Guardian and Wards Act is appealable under S. 47 of the Guardian and Wards Act and since the order is not a decree, therefore, application under O. IX, R. 13, C. P. C. is not maintainable. Family Court dismissed the application holding therein that since no decree is passed, therefore, application under O. IX, R. 13, C. P. C. is not maintainable.

( 3 ) QUESTION involved in this case is when an ex parte order under the provisions of guardian and Wards Act, whether provisions of Order IX, R. 13 of the Code of Civil Procedure are applicable?

( 4 ) VARIOUS High Courts have taken a view that Court under the Court of Wards Act is a Court of civil jurisdiction and therefore provisions of Code of Civil Procedure will be applicable. Section 141, C. P. C. specifically lays down that the Code will be applicable to every procedure and proceeding before the Court of civil jurisdiction.

( 5 ) SECTION 141, C. P. C. is reproduced below : section 141. Miscellaneous proceedings.- The procedure provided in this Code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction. Language of S. 141, C. P. C. is clear and specific. It provides that the procedure provided in this Code in regards to suits shall be followed as far as it can be made applicable in all proceedings in any Court of civil jurisdiction. Thus, the Code will be applicable to any Court of civil jurisdiction.

( 6 ) SECTION 4 (4) of the Guardian and wards Act, 1890 defines District Court. Section 4 (4) is reproduced below : "district Court" has the meaning assigned to that expression in the Code of Civil Procedure and includes a High Court in the exercise of its ordinary original civil jurisdiction. Thus, the District Court while includes the High Court has the meaning assigned t