Law: Civil Procedure Code (V of 1908)

Section: 12(2),O.XXXII,R.1,3

Civil Procedure Code (V of 1908)--- ----Ss.12(2), O. XXXII, R.1 & 3----Judgment and decree, setting aside of---Non-appointment of guardian ad litem---Defendant sought setting aside of and decree on the ground that at the time of filing of suit he was minor and plaintiff should have got appointed guardian ad litem first---Validity---Mere fact that minor was not sued through guardian ad litem would not make decree invalid and same would be binding on minor---Omission of formal order of appointment of guardian ad litem of minor, though represented by his natural guardian, would not affect proceedings in suit and decree, unless due to such omission prejudice caused to minor was shown, otherwise such objection was only of technical nature---Judgment and decree was passed validly and legally and no element of fraud or misrepresentation existed---Proceedings initiated in court could not be said to be conducted by fraud or through misrepresentation as the same had sanctity attached to them---Trial Court had acted according to law and there was no irregularity or illegality in the order, therefore, High Court declined to interfere in the same---Revision was dismissed in circumstances. Tanveer Mahboob and another v. Haroon and others 2003 SCMR 480 fol. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, J.--- Through this Civil Revision, the petitioner calls in question the judgment and decree, dated 6-6-2009 passed by Additional District Judge Vehari, whereby, an application under section 12(2), C.P.C. was dismissed. 2. Brief facts giving rise to the instant revision are that the respondent filed a suit for recovery of Rs.5,00,000 on the basis of Pro note, dated 24-4-2003 under Order XXXVII Rules 1 and 2 of C.P.C. against legal heirs of Ahmed Bakhsh deceased which was decreed ex parte in favour of the respondent vide judgment and decree, dated 25-1.-2006, Subsequently, the legal heirs of Ahmed Bakhsh deceased filed an application for setting aside the ex parte judgment and decree, dated 25-1-2006 which was dismissed on 20-7-2007. On 28-2-2009 the petitioner filed an application under section 12(2), C.P.C. against the judgment and decree, dated 25-1-2006 before the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492