( 1 ) THIS miscellaneous appeal under Section 47 of the Guardian and Wards Act, 1890 (hereinafter referred to as the 'act' for short) is directed against the order dated 9-7-1998 in Misc. Civil Suit No. 30/1998 by I Additional District Judge, Sagar, appointing respondent No. 1 Dharam Chand to be the guardians of the person and property of minor Palak.

( 2 ) FACTS not in dispute are that the minor Palak is the daughter of deceased Ashok Kumar Jain and respondent No. 2 Smt. Reeta. Ashok Kumar Jain was the elder brother of appellant No. 2 Vijay Kumar Jain. Appellant No. 1 is the wife of appellant No. 2. Respondent No. 1 Dharamchand is the father of Reeta and thus the maternal grandfather (Nana) of minor Palak. Ashok Kumar Jain, the father of minor Palak met with an unfortunate death in a motor accident on 20-11-1992. Minor Palak was born on 9-9- 1989 and was thus aged about 3 years at the time of death of her father Ashok Kumar Jain. Respondent No. 2 Smt. Reeta has remarried and is residing with her husband at Khargone. Minor Palak is at present residing with her maternal grand father (Nana), Res. No. 1 at Khurai, District Sagar.

( 3 ) THE appellants filed an applicat