Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----O. XXXII, Rr. 1 & 3--Guardian and Wards Act, (VIII of 1890), S. 7--Constitution of Pakistan, 1973 Art. 199--Constitutional petition--Natural guardian--Next friend of minor--Interest of minors--Mother automatically becomes--Permission of Court, unnecessary--Mother, father, grandfathers and other relatives are natural guardian of minors--Court, while appointing a person other than the guardian, should give reasons--Non-appointing of a guardian ad litem to defend minor is a technical in nature and Court is to see whether the interest of minor was properly safeguarded--Matter should be proceeded and decided on merit--Mother of minors on instituting of suit automatically becomes the next friend of minors and permission of Court is not necessary in case, unless it is shown that she was disqualified to act on account of her interest being in conflict with interest of minors--Petition allowed. [Pp. 90 & 91] A, B & C Judgment Ahmed Khan Lashari, J.--By this constitutional petition, orders dated 25-01-2006 and 6.4.2006, respectively, passed by Civil Judge and District Judge, Nushki, have been challenged, whereby application, filed by the petitioners under Order XXXII, Rule 1 CPC, seeking her appointment as next friend of her minor children, was dismissed and Steno of the Court was appointed as guardian of the minors. 2. The concise facts, giving rise to file instant petition, are that one Master Gul Mir died on 25-11-1998, leaving behind a house and other immovable property having in possession of the respondents. The Petitioner No. 1, being widow and Petitioners No. 2 to 5 minor daughters and sons of the deceased, filed suit against the respondents for declaration, partition and recovery of articles in the Court of Civil Judge, Nushki, on the averments that after the death of Master Gul Mir, the Respondent No. 1 being father and Respondents No. 2 and 3 brothers of deceased, after, retaining the articles, turned out the petitioners from the house, compelling them to institute the suit. The Petitioner No. 1, mother of Petitioners No. 2 to 5, vide application under Order XXXII Rule 1 CPC sought permission 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