MUHAMMAD AMJAD KHAN AFRIDI vs SHAD MUHAMMAD O — 2022 PLD 27 SUPREME-COURT

Case information

Citation: 2022 PLD 27 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: MUHAMMAD AMJAD KHAN AFRIDI vs SHAD MUHAMMAD 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

MUHAMMAD AMJAD KHAN AFRIDI VS SHAD MUHAMMAD O.XXXII, Rr. 4, 7 & 11---Constitution of Pakistan, Art. 25(3)---Guardian for the suit (guardian ad litem) appointed for minors to represent and defend them in the suit---Court, duty of---Scope---Provisions of O. XXXII of the C.P.C., which advanced the mandate of Art. 25(3) of the Constitution, were to be interpreted and applied with a dynamic and progressive approach to achieve the object for which they had been made, that is, the protection of the rights and interests of the minors---Courts were to realize that a minor litigant was considered to be under their protection, and primarily it was their duty to watch over his interests and ensure that he was duly represented and defended in the proceedings before them---Despite appointment of a guardian ad litem, no agreement or compromise could be entered into on behalf of the minor by that guardian without leave of the Court---Court was to see vigilantly the conduct of the guardian ad litem in representing and defending the minor, and to remove him if he failed to do his duty by acting in a manner that was detrimental to the interests of the minor---Where there was no other person fit and willing to act as guardian for the minor, the Court was to appoint any of its officers to be such a guardian.

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