Law: Punjab Pre-emption Act, 1991

Section: 13,14

Law: Punjab Pre-emption Act, 1991

Section: 13,14

Law: Civil Procedure Code (V of 1908)

Section: O.XXXII,R.2,3

(a) Punjab Pre-emption Act (IX of 1991)-------Ss. 6, 13 & 14---Civil Procedure Code (V of 1908), O.XXXII, Rr.2, 3---Suit for pre-emption was filed in the name of minor through his next friend, who was not related to the minor---Performance of Talbs by next friend---Scope---Suit was dismissed by the Trial Court and the dismissal order was upheld by Appellate Court---Talb-e-Muwathebat could be made on behalf of the minor pre-emptor by his guardian or the agent---Next friend through whom suit was filed by the minor; did not say that he had legal authority and duty to care for the person and property of the minor because of his infancy, incapacity or disability he by no means could be considered to be guardian of minor pre-emptor---Next friend of the minor had himself admitted in his examination-in-chief that he was a remote relative of the minor and stated that the plaintiff was his Khalazad, but he could not tell the name of the Khala---No court had authorized said person to file suit for possession through pre-emption and to pursue the same---Contention for counsel for the plaintiff that said person was guardian ad litem, was misconceived---Person who had no direct relationship with the minor, had no legal authority or duty to minor's property because of his infancy, incapacity and disability; he could neither make any Talb under Ss.13 & 14 of Punjab Pre-emption Act, 1991, nor file any suit for possession through pre-emption, especially when the mother of the plaintiff was alive at the time of sale transaction---Elder brother of minor was also major and was capable of looking after the interest of the minor---Person/plaintiff was neither his natural guardian, nor guardian appointed by the court under the provisions of O.XXXII, C.P.C. or guardian appointed by the Guardian Court under the provision of Guardians and Wards Act, 1890---Suit was rightly dismissed by courts below---No interference was called for. (b) Words and phrases--- ----"Guardian" defined and explained (c) Words and phrases--- ----'Guardian ad litem', defined and explained Muhammad Amir Butt for Petitioner. Muhammad Atif Farzauq Raja for Respondent. Date of hearing: 1st November, 2011.…

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