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Judgment
Macpherson, J.—This appeal is without merits. It is preferred against the order of the District Judge under the Guardians and Wards Act directing the guardian of an estate called the Udainarayan Estate, with a gross income Rs. 11,765, to pay the audit fee of Rs. 147-1-0 demanded by the Examiner of Local Accounts for auditing the accounts of the estate under the order of the District Judge.
It is contended that there was no power in the Act at the date of the order, which was 24th April last to make payments in connexion with service of this kind and the new Act 17 of 1929, which came into force on 1st October last, is pointed to as showing that the law must previously have been defective in this regard.
But it is clear that the new enactment, Section 34-A, was made with the object of making express provision, and it does not follow that the Act did not contain implied provision in that regard. In my opinion, Section 43 read with Section 34 does, as the learned District Judge held, impliedly provide for expenditure such as has been directed in this case.
The expenditure was also entirely beneficial to the estate, especially in the case of a Musammat guardian; and that is very strongly indicated by the fact that this appeal has been filed by her misguided doubtlessly interested hangers on. This appeal is dismissed with costs against the guardian personally.
Fazl Ali, J.
I agree.