Law:

Section:

Limitation Act (IX of 1908)----S. 22 read with Civil Procedure Code (V of 1908), O. XXXII, r. 3 Pre emption suit Appointment of guardian for minor defendant Application of S. 22, Limitation Act Appointment of guardian "ad litem" under O. XXXII, r. 3 Neither a substitution nor an addition of a new party Held, provisions of S. 22, Limitation Act not attracted to such a situation. In cases of pre emption, of late it has become a growing tendency on the part of the vendees that in the sale deed they deliberately do not describe or disclose whether any vendee is a minor, with an ulterior motive to entrap a pre emptor expecting that he will normally repeat the same description of the vendees in the suit as is contained in the sale deed. After the period of limitation has' run out then the vendees would surprise the pre emptor by taking up an objection that one or some of them were minors, and in this way plead that no amendment for correcting the description of the aforesaid minor or minors should be allowed at that late stage of the case. The Courts whose function is to do justice between the parties and to maintain the balance should not hesitate to come to the rescue of a suitor who is as entraped, due to the aforesaid contrivance of the vendees themselves who pur¬chased land jointly with a minor without on their own part appointing his guardian, etc. but rather kept shat aspect of the matter screened from all concerned. As the language of section 22 of the Limitation Act clearly shows it applies to cases where a new descendant is substituted or added. Now if a person is already a defendant but his description as minor is not given, and is sought to be corrected later, he does not become a new party. There can be no doubt that a minor is not bound by any proceed¬ings taken as against him where he is not properly represented and a guar¬dian is not appointed of such a minor. In every suit where the defendant is a minor the right of appointing his guardian is not given to the plaintiff but to the Court. The plaintiff can only suggest who should be appointed his guardian and it is for the Court on being satisfied of the fact of the defendant's minority, to appoint a…

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