Citation Name: 2023 PLD 181 PESHAWAR-HIGH-COURTBookmark this Case ANWAR ALI vs ABDUL HAKIM S

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Citation Name: 2023 PLD 181 PESHAWAR-HIGH-COURTBookmark this Case ANWAR ALI VS ABDUL HAKIM S. 12(2)---Bar to further suit---Scope---Though, it is not sine qua non for the Court to frame issues and record evidence in each and every application filed under S. 12(2), C.P.C., however, this is not the rule of thumb, and the circumstances depend upon the factual aspect---Where the case requires recording of evidence, the decision thereof must be based upon the evidence by providing an opportunity to the parties to prove their respective contentions. Citation Name: 2023 PLD 181 PESHAWAR-HIGH-COURTBookmark this Case ANWAR ALI VS ABDUL HAKIM S. 12(2) & O. XXXII, R. 7---Suits by or against minors---Agreement or compromise by next friend or guardian for the suit---Scope---Petitioners contested the dismissal of their application under S. 12(2), C.P.C.---Petitioners claimed that the minors were represented by their mother in the suits, and a collusive application was submitted to the Trial Court for suit resolution through compromise; that on the same day, files were requisitioned, and a joint statement was recorded, and that new counsel was engaged for the mother who was unfamiliar with Urdu, Pashto or English due to the her rural background---Validity---Impugned orders had failed to address compliance with O. XXXII, R. 7, C.P.C., requiring Court permission---When compromise-related matters involving minor's interests were presented, Court permission was necessary---Such permission was lacking in the present case---Thus, the impugned orders suffered from two issues, i.e. the parties were denied the chance to prove contentions through evidence, and O. XXXII, R. 7, C.P.C., was ignored during the compromise---Such flawed orders were declared illegal due to substantial irregularity and were set aside with the directions that the Trial Court shall frame issues based on divergent party pleas from the application under S. 12(2), C.P.C and should then record evidence and decide the application's fate lawfully---Constitutional petitions were granted. Citation Name: 2023 PLD 181 PESHAWAR-HIGH-COURTBookmark this Case ANWAR ALI VS ABDUL HAKIM O. XXXII, R. 7---agreement or compromise by next friend or guardian for the suit---Scope---Guardian ad litem and natural guardian both are supposed to protect the rights and interest of the minor---But when the guardian acts in the interest of minors and compromise is affected the provision of O. XXXII, R. 7, C.P.C. shall come into play.

Citation Name: 2023 PLD 181 PESHAWAR-HIGH-COURTBookmark this Case ANWAR ALI vs ABDUL HAKIM S — 2023 PLD 181 PESHAWAR-HIGH-COURT

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