Law: Civil Procedure Code (V of 1908)

Section: 3

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Civil Procedure Code (V of 1908)--O. XXXII, R. 3---Constitution of Pakistan (1973), Art. 185 (3)---Pre­emption suit---Petitioners purchased land through a registered sale-deed dated 28-7-1979---Respondents filed suit for pre-emption on 21-6-1980 but the petitioners who were then minors were not sued through guardian ad litem--­Written statement was filed pointing out the fact of minority on 15-9-1980--­Nonetheless no application was made for appointment of guardian ad litem--­Application for such appointment was made on 28-3-1983 by which time the suit against the minor petitioners had become barred by time---Point was agitated but was overruled on the ground that whenever guardian ad litem was appointed it will revert back to the date of institution of suit and question of limitation would not arise---Petitioners, however, contended that that might be so if the other side did not know of the minority and applied for appointment of guardian ad litem on acquiring knowledge and on the other hand if the fact of minority was made known and the other side did not apply for appointment of guardian ad litem, then by its own conduct the suit would be allowed to become barred by time--­Leave to appeal was granted to consider the contention of petitioner. (b) Civil Procedure Code (V of 1908)--- ----O.XXXII, R.3---Appointment of guardian for the suit for minor defendant--­Duty of Court---Procedure---Purpose behind the appointment of guardian ad litem of minor defendant---Where a minor is already party in the suit although he is not represented through a duly appointed guardian ad litem by Court, the defect can be cured by appointment of such guardian by the Court before the final decision of the case either on the application of any of the parties to the suit or by the Court at its own accord---In such a situation a suit against the minor who was already party in the suit though un-represented through duly appointed guardian at litem by the Court, would not become time-barred for the reason that the Court had appointed guardian ad litem of the minor defendant on a date when the limitation prescribed for filing of such suit had already expired--­Question of expiry of…

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