Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XXXII, Rr. 1 & 3---Constitution of Pakistan (1973), Art. 185(3)--- Suit against minor---Failure to appoint guardian ad litem---Defending the suit through father---Father of the minor was also one of the defendants who had given general power of attorney on his behalf as well as on behalf of his minor son---Appeal before the Appellate Court was dismissed on the statement of the attorney---Judgment and. decree passed by the Appellate Court were assailed by the minor before High Court in revisional jurisdiction which was dismissed---Contention of the, minor was that in the absence of appointment of guardian-ad-litem, the proceedings against him were ineffective---Validity---High Court had rightly dismissed the revision for the reason that after having owned the filing of appeal through the attorney, the minor could not challenge the authority of the attorney as the real father of the minor was his natural guardian and the memo. of appeal was not even signed by the minor himself---Supreme Court declined to interfere with the judgment and decree passed by the High Court in exercise of revisional jurisdiction--­Leave to appeal was refused. JUDGMENT TANVIR AHMED KHAN, J. ---Leave to appeal is sought against the judgment, dated 11-9-2001 of a learned Single Judge of the Lahore High Court, Bahawalpur Bench, Bahawalpur, whereby R.S.A. No.14 of 1985 filed by the. -Petitioners was dismissed maintaining the concurrent findings of the Courts below. The facts briefly narrated are that -Respondent No.1, Mian Muhammad Akram, being collateral of the vendor, filed a suit for possession through pre-emption against Hashmat Ali, -Petitioner No.2, and seven others respecting the land measuring 109 Kanals, 15 Marals situated in Mauza Jaufer Shah, Tehsil Chishtian, District Bahawalnagar on 29-1-1977. The said suit was contested by the -Petitioners. Out of the pleadings of the parties issues were framed. The learned Civil Judge, Chishtian, vide his judgment, dated 24-7-1984 decreed the suit subject to payment of Rs.4646,753.37 minus 1/5th amount of Zar-e-Panjum already deposited. An appeal was filed assailing the above judgment of the trial…

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