Law: Civil Procedure Code (V of 1908)

Section:  O. I, r. 10 (5), O. XXXII, r. 5 (2)

Civil Procedure Code (V of 1908)  O. I, r. 10 (5) and O. XXXII, r. 5 (2)-Appointment of guardian ad /item-Suit for possession by pre-emption- Minors vendees not impleaded as defendants through their guardian ad /item-Appoint ment of guardian ad litem sought when suit against minors barred by limitation-Minors vendees having received a valuable right in their favour amendment of plaint, held, calculated to depriving them of their vested right and application for amendment of plaint by appointing and introducing name of guardian ad litem, to circumstances, rightly rejected. Date of hearing : 19th November 1975.                                                                                                                             JUDGMENT This civil revision was admitted for full hearing to determine a precise: point as to whether the appointment of a guardian ad litem by the civil Court subsequently to the institution of the suit would affect limitation or change the character of the suit or not. In the present case the petitioner had filed a suit for possession by pre-emption against the res pondents including two minors, namely Muhammad Islam and Tamil Ahmad, while the suit was pending the petitioner filed an application under Order XXXII, rule 3 pleading that as the aforementioned two respondents were minors and that since their guardian ad Item has not been appointed at the time of the institution of the suit, the petitioner should be allowed to amend his petition so that the aforementioned two minors could be sued Through their guardian ad litem. At that stage when the application was made, the period of limitation or the suit had expired and if at that stage the civil Court had allowed the petitioner to amend his plaint so as to sue the aforementioned two minors with their guardian ad litem, the suit became time-barred. At the same time due to…