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, R. 11---Guardian for the suit (guardian ad litem) appointed for minors to represent and defend them in the suit---Guardian's failure to appear before the court and defend the suit resulting in ex-parte proceedings against the minors---Effect---Where the guardian for the suit did not do his duty, the Court was to remove him and appoint a new guardian in his place---Failure of a guardian ad litem to appear in Court to defend the minor was by itself a clear proof of the fact that he had failed to do his duty of protecting the interests of the minor---Court, in such circumstance, must act in accordance with R.11 of O. XXXII of the C.P.C., remove that guardian, and appoint a new guardian in his place, for the protection of the interests of the minor---Order XXXII of the C.P.C., visualized no such occasion where a minor defendant could be proceeded against ex parte---In the present case Courts below fell into error by not allowing the application for setting aside the ex-parte decree to the extent of the two minors (defendants) at the time of institution of suit as well as at the time of passing of the ex parte decree---Appeal to the extent of the minors was allowed, consequently application for setting aside the ex parte order and ex parte decree, to their extent was accepted and the Trial Court was directed to proceed with the suit against the minors from the stage where it was when the order of proceeding ex parte was made against them.

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