Law:

Section:

Sindh Encumbered Estates Act (XX of 1896)------Ss. 3 & 7---Civil Procedure Code (V of 1908), 0.1, R.9---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Alternate remedy--­Availing of---Maintainability---Government functionary appointed as Manager of estate of minor to save the same from going waste at the hands of minor's father who was also appointed guardian of minor---Validity---Petitioner (father) having challenged appointment of Manager, neither minor, nor his mother (on whose application Manager had been appointed) were impleaded as respondents in Constitutional petition---Petitioner was although natural guardian of his minor son yet his interests being in conflict with those of minor, it was necessary to implead minor either through his mother or to seek appointment of guardian ad litem to protect minor's interest---Constitutional petition was, thus, barred on such ground alone---Petitioner, however, having questioned appointment of Manager by way of civil suit, and thus, alternate remedy being available and, in fact having been availed of by petitioner, basic precondition for exercise of jurisdiction under Art. 199 of the Constitution had not been satisfied---Besides, discretionary relief under Art. 199 of the Constitution could only be granted to person who had approached Court with clean hands---Petitioner himself had stated that he executed gifts in favour of his minor son to avoid surrender of land under Martial Law Regulation No.115---Such intention of petitioner would manifest intended fraud on law, therefore, he could not be allowed to take advantage of his own fraud in exercise of equitable jurisdiction of High Court--­Petitioner being trustee of minor's property could not be allowed to misappropriate minor's property or to convert the same to his own use--­Appointment of Manager of minor's property even if was without jurisdiction same need not be set aside if no injustice was caused---Petitioner admittedly was not interested in protecting interest of minor i:e., owner of property but was attempting to misappropriate the same---Petitioner, therefore, had no locus standi to institute Constitutional petition which was…

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