Guardian & Wards Act, 1890–Secs. 7 & 10–Code of Civil Procedure, 1908–Order 7, Rule 11–Ex-parte proceedings for appointment of guardian–Application of petitioner with prayer that the child was born at California and the family Court, Bikaner was having no jurisdiction to decide the matter–Further, application for granting the permission for appearing through counsel–Rejection of both applications by allowing the petition–Justification–Appellant was residing at California at the relevant time–Nothing on record to show that the notice was served upon him–Respondent was specifically directed
to file an affidavit regarding the dispatch of notice to the appellant at California address but no such affidavit was filed–Respondent was allowed to be represented through a legal practitioner without being any such application–Therefore, the family Court was not justified in directing to keep the application preferred on behalf of appellant in D part and proceed exparte against him–Issue of jurisdiction neither could be raised nor be decided as the appellant was proceeded ex-parte–Issue as regard to welfare of child was also decided in cursory manner–Impugned order passed by family Court is set aside with certain directions.
