Text of Section 48:
Save as provided by Section 47 (Appealable Orders) and by Section 622 of the Code of Civil Procedure, 1882 (now Section 115 of the Code of Civil Procedure, 1908), an order made under this Act shall be final and shall not be liable to be contested by suit or otherwise.
Simplified Explanation:
Section 48 states that, in most cases, orders made under the Guardians and Wards Act, 1890, are final. This means that, except in certain specified cases (like appeals to the High Court under Section 47), these orders cannot be challenged or contested by filing a suit or through any other legal means.
However, there are two exceptions to this finality:
- Appeals under Section 47: If an order falls under the categories listed in Section 47, it can be appealed to the High Court.
- Section 622 of the Code of Civil Procedure (now Section 115 of the Code of Civil Procedure, 1908): This section allows for the revision of decisions made by lower courts, but only in certain circumstances. This provides an additional check on lower courts’ decisions.
Key Points:
- Finality of Orders: Most decisions made under the Guardians and Wards Act cannot be contested or challenged, except where specified.
- Limited Grounds for Contesting Orders: The main ways to contest such decisions are through the appeal process (Section 47) or revision under Section 115 of the Code of Civil Procedure.
- Ensures Legal Certainty: This section ensures that once an order is made under this Act, it is legally binding unless a party has a valid reason for appealing or seeking revision.
Purpose and Impact:
The purpose of Section 48 is to ensure finality in guardianship-related decisions made under the Act, which helps to reduce unnecessary delays in matters concerning the welfare of minors. It provides that only specific legal routes (like appeals or revision) can challenge these decisions, helping to maintain legal stability and certainty.
Example:
- If a guardian is appointed under this Act, and the decision is not appealed under Section 47, the order is considered final and cannot be challenged by a suit.
