Lawgist36Suit against guardian where administration-bond was not taken
(1) Where a guardian appointed or declared by the Court has not given a bond as aforesaid, any person, with the leave of the Court, may, as next friend, at any time during the continuance of the minority of the ward, and upon such terms as aforesaid, institute a suit against the guardian, or, in case of his death, against his representative, for an account of what the guardian has received in respect of the property of the ward, and may recover in the suit, as trustee for the ward, such amount as may be found to be payable by the guardian or his representative, as the case may be.
(2) The provisions of sub-section (1) shall, so far as they relate to a suit against a guardian, be subject to the provisions of section 440 of the Code of Civil Procedure (14 of 1882) as amended by this Act1 .
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1. See now Order XXXII, rules 1 and 4(2), in the First Schedule to the Code of Civil Procedure, 1908 (Act 5 of 1908).
- 27 Duties of guardian of property
- 28 Powers of testamentary guardian
- 29 Limitation of powers of guardian of property appointed or declared by the Court
- 30 Voidability of transfers made in contravention of section 28 or section 29
- 31 Practice with respect to permitting transfers under section 29
- 32 Variation of powers of guardian of property appointed or declared by the Court
- 33 Right of guardian so appointed or declared to apply to the Court for opinion in management of property, of ward
- 34 Obligations on guardian of property appointed or declared by the Court
- 34A Power to award remuneration for auditing accounts
- 35 Suit against guardian where administration-bond was taken
- 36 Suit against guardian where administration-bond was not taken
- 37 General liability of guardian as trustee
