1981 PLP 188 (CLC)

(a) Civil Procedure Code (V of 1908)‑‑ ‑‑ O. XXXII, r. 3‑Guardian ad /item‑Appointment of‑Guardian ad litem, held, cannot be selected, appointed, or constituted by plaintiff unless he makes application to that effect and application for such purpose can be made only after suit has been instituted. Ali Muhammad v. Muhammad Hussain 1980 C L C. 2214; Muhammad Ismail v. Muhammad Sarwar 1930 S C M R 254 ; Thal Engineering Industries v. Bank of Bahawalpur 1979 S C M R 32 ; Manager, Jammu & Kashmir State Property v. Khuda Yar P L D 1975 S C 678 ; Toor Gul v. Mst. Mumtaz Begum P L D 1972 S C 9 ; Mehdi Hassan v. Fagir Muhammad P L D 1980 Lab. 110 and Younas Bhuyian v. Jiban Chandra P L D 1963 Dacca 323 ref. (b) Civil Procedure Code (V of 1908)‑ ‑ O. XXXII, r. 3‑Minor‑Impleading of‑Suit against minor, held, can be filed without impleading him through a guardian ad /item and fact of defendant's minority to be brought to notice of Court by means of an application. (c) Civil Procedure Code (V of 1908)‑‑ ‑‑ O. XXXII, r. 3‑‑Guardian ad /item‑Appointment of a guardian ad !item, held, a prerogative of Court. (d) Civil Procedure Code (V of 1908)‑ ‑‑ O. XXXU, r. 3‑Proceedings against minor‑‑‑Minor, held, not bound by any proceedings against hire where no guardian appointed and not represented properly. Muhammad Ismail v. Muhammad Sarwar 1980 C L C 2214 and M. Ismail v. M. Sarwar h L D 1978 Lab. 1461 ref. (e) Civil Procedure Code (V of 1908)‑ O. XXXII, r. 3‑Appointment of guardian‑Suit against minor Plaintiff in such suit, held, can only suggest who should be his guardian and it is for Court to appoint a proper person to be guardian for suit against such minor. (f) Civil Procedure Code (V of 1908)‑ O. XXXII, r. 3‑Appointment of guardian‑Institution of a suit Guardian of minor appointed‑Suit not deemed to have been instituted against minor on date of such appointment but on date when suit filed. (g) Civil Procedure Code (V of 1908)‑ ‑‑ O. XXXII, r. 3‑Minor attaining majority before appointment of guardian ‑Institution of suit‑Minor attaining majority before institution of suit, suit held, not deemed to have been filed against him on date when he attained majority but on date when filed in Court‑ Party to suit, held further. throughout would remain minor and not guardian ad /item. (h) Civil Procedure Code (V of 1908)‑ O. XXXII, r. 3 read with Limitation Act (IX of 1908), S. 22 Appointment of guardian, held, neither a substitution nor an addition of a new party to a suit and as such provisions of S. 22, Limitation Act, 1908 not attracted to such a situation. Ghulam Hussain v. Ghaus Bakhsh 1968 S C M R 991 ; Yunus Bhuylan v. Jiban Chandra P L D 1963 Dacca 323 ; Ralla Singh Bashna A I R 1926 Lab. 186 ; Mst. Durga Devi v. Gur Narain A 1 R 1924 Lah. 157 ; Talib Ali v. Piarey Lai A I R 1930 All. 644 ; Khem Karan v. Har Dayal I L R 4 All. 37 and Abdul Aziz v. Sheikh Amin A I R 1941 Nag. 130 ref.