AIR 1951 HYDERABAD 40

Hyderabad High Court

Hon'ble Judge(s): Siddiqui, Shripat Rao , JJ

Hyderabad Court of Wards Act (12 of 1350 F) , S.45(1)— Suit against minor - Minor's estate taken over by Court of Wards - Failure to give notice - Effect. Where at the time of institution of suit against a minor, the minor's estate was taken over for management by the Court of Wards, a failure by the plaintiff to give notice of the claim in suit to the Court of Wards as required by S. 46(1) is fatal to the maintenance of the suit as the provision of that section is mandatory Further, an application embodying the claim made to the Court of Wards cannot take the place of the required notice.(Para 5 6 8)