Suit against guardian

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Suit against guardian

Unread postby Admin » Thu Jan 24, 2013 12:06 pm

Suit against guardian where administration-bond was taken
Where a guardian appointed or declared by the Court has given a bond duly to account for what he may receive in respect of the property of his ward, the Curt may, on application made by petition and on being satisfied that the engagement of the bond has not been kept, and upon such terms as to security or providing that any money received be paid into the Court, or otherwise as the Court thinks fit assign the bond to some proper person, who shall thereupon, be entitled to sue on the bond in his own name as if the bond has been originally given to him instead of to the Judge of the Court, and shall be entitled to recover thereon as trustee for the ward, in respect of any breach thereof.

Suit against guardians 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.
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