Court Guardian
malaisamy
(Querist) 16 August 2010
This query is : Resolved
Respected Sirs,
I am a practising advocate in Tamil Nadu.
1. An original suit was filed by the mother of the deceased claiming 1/4 share against the wife and children of the deceased.
2. When the suit was posted for cross examination of PW 1 the Honourable Court passed an order setting aside the 1st defendant as the counsel for the defendants was not ready to cross examine the plaintiff even after sufficient oppertunities and the matter was poseted for appointment of Court Guardian on the next hearing since the defendants 2 and 3 are minors.
3. On the next hearing on 04.08.2010 I was appointed as Court Guardian for the welfare of the minor defendants 2 & 3. I have sent a registered letter to the 1st defendant on 09.08.2010 informing about my appointment and also calling upon her to come and meet me. She received the letter on 11.08.2010 but she failed to come and meet me.
4. On 16.08.2010 teh 1st defendant filed a petition under Order 9 Rule 7 to set aside the exparte order passed against her stating that she knew about the appointment of Court Guardian through her advocate few days before.
My Questions follows.
1. Whether the petition is maintainable?
2. The petitioner/1st defendant knew very well about my appointment on 04.08.2010 itself and at the same time she has concealed the regd letter sent by me.
3. Whether the Court can remove me using its descretionry power?
4. I wish to consuct the case for the welfare of the minors but they are not ready to co operate with me.
Guide me in this regard and please give me the citations regarding the matter
s.subramanian
(Expert) 28 August 2010
1, Yes.Petition is maintainable.
2. It is of no consequence.
3. Yes.
4. You cannot continue if the court decides to remove you.
