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NAIMATULLAH vs ABDUL RAZAQ O — 2022 PLD 114 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PLD 114 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
PLD
Parties
NAIMATULLAH vs ABDUL RAZAQ O
Subject matter
Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NAIMATULLAH VS ABDUL RAZAQ O. XXXII, R. 3 & O. XXII, R. 3---Guardian for the suit to be appointed by Court for minor defendant---Procedure in case of death of one of several plaintiffs or of sole plaintiff---Scope---Trial Court and Appellate Court concurrently dismissed the suit on the ground that the suit on behalf of minor was not filed through a friend or guardian but was filed in the name of the minor himself---Validity---Title of the plaint mentioned that plaintiff was minor but the Trial Court had rejected the suit---Under O.VII, R.11, C.P.C. the court was empowered to reject the incompetent suit from its inception---Filing suit without appointment of next friend did not invalidate the proceedings---Suit was filed by seven plaintiffs including minor---Order XXXII, R.3, C.P.C. and O.XXII, R. 3, C.P.C., had to be read conjointly and not in isolation---Minor was one of the plaintiffs and there was no allegation that the suit was filed by other plaintiffs with collusion of defendant, which affected the interest of minor---Impugned orders were set aside and the case was remanded for decision on merits. Head NotesCase Description

Other judgments reported in 2022 PLD

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