Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXXII, R.1---Guardians and Wards Act (VIII of 1890), S.7, Constitution of Pakistan (1973), Art.199---Constitutional petition---Appointment of next friend of minor children---Husband of petitioner having died leaving behind a house and other immovable property in possession of respondents who were father and brothers of deceased---Petitioner filed suit against respondents for declaration, partition and recovery of articles---Petitioner being mother of minor children sought permission of the court to appoint her as next friend of her minor children---Petitioner's application in that respect was dismissal and instead Steno of the court was appointed as guardian of the minor children---Revision by petitioner against said order was also dismissed--­Validity---Trial Court declined appointment of petitioner as next friend of minors on the ground that earlier an application of petitioner under S.7 of Guardians and Wards Act, 1890, District Judge had declined relief to petitioner and Civil Judge was appointed as guardian of the property of minors---Non-appointing of a guardian ad litem to defend minor was technical in nature and court was to see whether interest of minor was properly safeguarded---Petitioner being mother of minors on instituting the suit, would automatically become the next friend of minors and permission of the court was not necessary in the case, unless it was shown that she was disqualified to act on account of her interest being in conflict with the interest of minors---No reason existed for appointment of Steno as next friend of the minors bypassing the natural guardian---Conclusion drawn by the courts below for not appointing petitioner/mother of minors as next friend of the minors on the ground that Civil Judge was appointed as guardian of property of the minors, was erroneous---Impugned orders were set aside by the High Court---Petitioner could act as next friend of her minor sons and daughters in the suit filed by her. Badiazzaman and others v. Habibullah PLD 1968 Dacca 919 ref. JUDGMENT AHMED KHAN LASHARI, J.---By this constitutional petition, orders dated 25-1-2006 and 6-4-2006, respectively, passed…

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