Law: Civil Procedure Code (V of 1908)

Section: 12(2) , O. XXXII, R. 7 ,

(a)   Civil Procedure Code (V of 1908)---

----S. 12(2) & O. XXXII, R. 7---Suits by or against minors---Agreement or compromise by next friend or guardian for the suit---Scope---Petitioners contested the dismissal of their application under S. 12(2), C.P.C.---Petitioners claimed that the minors were represented by their mother in the suits, and a collusive application was submitted to the Trial Court for suit resolution through compromise; that on the same day, files were requisitioned, and a joint statement was recorded, and that new counsel was engaged for the mother who was unfamiliar with Urdu, Pashto or English due to the her rural background---Validity---Impugned orders had failed to address compliance with O. XXXII, R. 7, C.P.C., requiring Court permission---When compromise-related matters involving minor's interests were presented, Court permission was necessary---Such permission was lacking in the present case---Thus, the impugned orders suffered from two issues, i.e. the parties were denied the chance to prove contentions through evidence, and O. XXXII, R. 7, C.P.C., was ignored during the compromise---Such flawed orders were declared illegal due to substantial irregularity and were set aside with the directions that the Trial Court shall frame issues based on divergent party pleas from the application under S. 12(2), C.P.C and should then record evidence and decide the application's fate lawfully--Constitutional petitions were granted.

(b)   Civil Procedure Code (V of 1908)---