Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 147, O.XII, R.6, O.XV, R.1 & O.XXXII, Rr.3, 7---Constitution of Pakistan (1973), Art.. 185 (3)---Leave to appeal was granted by Supreme Court to consider; whether -Respondent was appointed as guardian ad litem in suit filed by plaintiff; whether his appointment could be considered valid in absence on record of a notice to father of the minor or to any other of his guardians; whether provision of O.XXXII, R.3 C.P.C. was adhered to in making appointment to render a decree valid or otherwise on conceding statement by -Respondent; whether interest of minor was properly taken care of in true spirit of provision of O.XII, R.6 or O.XV, R.1, C.P.C., when conceding statement filed by alleged guardian was not considered to fall within the provision of an agreement or compromise as envisaged by S.147 or by O.XXXII, R.7 C.P.C.; and what would be the effect of testimony of -Respondent on decree when he stated that he was never appointed as guardian of minor and that he had never filed any written statement in suit instituted against the minor. (b) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), S.147, O.XII, R.6, O.XV, R.1, & O.XXXII, Rr.3, 7---Declaration of title---Conceding statement by guardian ad litem---Effect---Concurrent findings of fact by two courts below---Suit filed against minor was decreed in favour of plaintiff', on the basis of conceding statement made by his maternal uncle who was appointed guardian ad litem---Minor assailed the decree in a suit alleging fraud, which suit was decreed by Trial Court in favour of minor---Lower Appellate Court allowed the appeal and dismissed. the suit filed by minor---Judgment and decree passed by Lower Appellate Court were maintained by High Court in exercise of revisional jurisdiction---Validity---Suit was decreed by Trial Court on the basis of conceding written statement filed by guardian ad litem by invocation of O.XII, R.6, C.P.C. a provision distinct to one provided under O.XXXII, R.7 C.P.C.---High Court had rightly observed that O.XXXII, R.7, C.P.C. required that no compromise on behalf of a minor could be effected by his guardian…

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