ORAL JUDGMENT

This Miscellaneous first appeal has been filed by the appellant who was the petitioner before the learned Principal Judge, Family Court at Ballari, aggrieved of the return of the petition to be present before the appropriate District Court in terms of Section 9 of the Guardians and Wards Act , 1890.

3. Although, we find that the respondent has quoted a wrong provision and the correct provision would have been Rule 10 of Order 7 which enables return of the suit for want of jurisdiction to be presented before a Court having jurisdiction, nevertheless, we find that the learned Prl. Judge, Family Court has rightly noticed sub section (1) of Section 9 of Guardians and Wards Act , 1890 which provides that if the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides. From the facts falling out of the petition, the learned judge has noticed tha