Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 8 & 42---Civil Procedure Code (V of 1908), O.XXXII, Rr.1, 2, 3, 4 & 5---Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, Art.71---Suit for possession and declaration against minors---Appointment of guardian for minors/defendants---Procedure---Dispute between the parties was over a shop, about which claim of defendants was that same was common and undivided property of the parties; which was kept with the deceased (father of defendants) to achieve common object---Suit had been filed against the legal heirs of deceased son of the predecessor-in-interest of the parties and the widow of deceased son, nominating her as guardian of the minors/defendants, being their mother---Suit was concurrently decreed by the two courts below---Plea of defendants was that at the time of filing suit by the plaintiffs, defendants were minors; but the court below did not take notice of the fact and failed to appoint any person as guardian of the defendants and overlooked the essence and mandate of the provisions of O.XXXII, C.P.C.---Counsel for the plaintiffs contended that minors/ defendants had been sued through their mother who as a natural guardian, had contested the suit in which she was also interested as co-sharer and that throughout the proceedings, no objection in that regard was raised and that neither the minors/defendants had faced any awkward situation while defending the suit---Validity---Fact of defendants being minors, was to be brought to the notice of the court by means of an application under R.3 of O.XXXII, C.P.C. and it was the duty of the court to appoint a guardian-ad-litem, which was its prerogative---Contention of defendants that it was binding upon the Trial Court to appoint a suitable person as guardian-ad-litem to give safeguard to the interest of minors was repelled, as at the time when suit was filed, the plaintiffs had themselves nominated the mother of the defendants to be guardian and that she was also party in the suit as defendant having common interest with her minor offsprings i.e. the defendants---Said nominated guardian/mother, did not raise any objection for her being unable to…

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