Law:

Section:

(a) Civil Procedure Code (V of 1908) -- O. XXXII, r. 3-Impleading a minor-Appointment of guardian Duty of Court to appoint a proper person as guardian to defend suit on behalf of minor even if plaintiff omits to indicate same in a plaint. (b) Civil Procedure Code (V of 1908)- -- O. XXXII, r. 3-Impleading a minor-Appointment of guardian-Court, for purposes of appointment of guardian to defend minor in a suit, can issue directions to plaintiff to furnish list of relatives of minor or other suitable persons to look after his interest and in case of his failure to do so, can only reject plaint.-[Plaint]. (c) Civil Procedure Code (V of 1908)- -- O. XXXII, r. 3-Impleading a minor-Appointment of guardian Question that application for appointment of a guardian made after period for filing suit expired, held, irrelevant as institution of suit complete and saves limitation as soon as plaint filed whether same accompanied by application or not.-[Limitation]. (d) Civil Procedure Code (V of 1908)- -- O. XXXII, r. 3-Impeading a minor-Appointment of guardian In order to implead a minor through a proper representation Court, held, can stay proceedings otherwise decree passed would be a nullity. (e) Civil Procedure Code (V of 1908)- -- O. XXXII, r. 3-Impleading a minor-Appointment of guardian. For purposes of limitation, a minor can be treated to have been impleaded only on day when a guardian appointed to defend his interest in suit. JUDGMENT SAAD SAOOD JAN, J.-This regular ,second appeal arises out of a suit for pre-emption filed by the appellants which was dismissed by the trial Court on 17-5-1975. The sale impugned in the suit was evidenced by a mutation attested on 29-5-1973 and the suit was filed on 24-5-1974. During the course of the proceedings, before the trial Court it was noticed that two of the vendees, namely, respondents Nos. 2 and 3, were minors. Upon this, the appellants moved an application before the trial Court that they should be permitted to amend the plaint in order to enable them to sue the minors through a guardian. The application was rejected by the trial Court which then by the same order dismissed the suit. as barred by time. From the judgment of the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492