ORDER IHSAN-UL-HAQ CHAUDHARY, J.- The petitioner has moved this transfer application for transfer of two guardian petitions filed by the respondent and pending in the Court of Sh Abid Hussain, Civil Judge 1st Class-Cum-Judge Family Court, Lahore. The same was admitted to hearing and the notice was issued to the Respondent who has. Appeared and notified that he has no objection to the application being accepted. . 2.. Mr. Azmat Saeed, Advocate, the learned counsel for the petitioner states that he has no instructions from the petitioner. The su te is, therefore, dismissed for non-prosecution.
3. The applications pertain to the appointment of guardian and according to the recent instructions issued by the High Court the guardian petitions should be heard and decided by the learned Senior Civil Judges. Rule 1 Part A Chapter 2 (Volume-II) of the High Court Rules and Orders in respect of appointment of the Guardian Judges were amended vide Notification dated 28.9.1996. The relevant portion reads as under:- " The Hon'ble Judges have decided that, with a few exceptions, all the work under the Guardians and Wards Act should be entrusted to the Family Courts presided over by 1st Class Civil Judges to be specially nominated for each district as permanent record accounts and special registers are required to be maintained. All the Senior Civil Judges in the Punjab have been empowered to dispose of the proceedings under the Guardians and Wards Act, 1890. All in proceedings under the Guardians and Wards Act are, therefore, to be, transferred or entrusted to the Senior Civil Judges for disposal."
Earlier to this in exercise of the powers under sub-section 1 of Section 4-A of the guardians and Wards Act, 1890 the Chief Justice and Judges were pleaded to authorise the District and Sessions Judges in Punjab in the District to dispose of any proceeding transferred to him under the said Act.
When these Notifications are read together then it is clear tha the following Courts are competent to entertain the guardian matter: -
(i) Senior Civil Judges.
(ii) 1st Class Civil Judges specifically nominated by the High Court as in case of Lahore, and
(ii) Civil Judges 1st Calls empowered by the District Judges to dispose of any proceedings transferred to them under the said Act.
It is clear from the Notification that the District Judge could only transfer the proceedings under Guardians, and Wards Act to the Civil Judge 1st Class and cannot nominate a Civil Judge at Sub- Divisional level or otherwise to act as - Guardian Judge, therefore, the rule needs amendment. If the purpose was to bestow the powers on the District Judges to nominate Guardian Judge then that object has not achieved by these Notifications and the same have to be amended. In this view of the matter, only the above three sets of the Courts could legally -
4. Sh. Abid Hussain, Civil Judge, 1st Class-Cum-Judge Family Court has not been nominated to perform the function of Guardian Judge, therefore, the cases under the Guardians and Wards Act could not be entertained by him. The function of a Guardian Judge is slightly different, and technical then from the function of a Civil Judge because they have to maintain permanent record, accounts and special register. If the cases are entrusted to all Civil Judges then this purpose would be defeated and as a result thereof the interest of the minors is likely to suffer, therefore, the rules should be strictly observed.
5. In this view of the matter, in exercise 'of. Sud motu jurisdiction, these guardian matters titled "Muhammad Jchanfcb Khan Bharwana v. Mst. Tehmina Khan" pending in the Court of Sh. Abid Hussain, Civil Judge 1st Class are withdrawn from that Court and are made over to the Court of Mr. Muhammad Din Basra, learned Guardian Judge, Lahore, who is directed to decide both the applications expeditiously in any case by 31st July, 1997 even if he has to hold day to day proceedings while the parlies are directed to appear in the transferee Court on 30.6.1997, the date already fixed before the previous Court.
There is no order as to costs. -