Malik ARSHAD HUSSAIN AWAN vs UNITED BANK LIMITED O — 2024 CLD 708 SUPREME-COURT

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Malik ARSHAD HUSSAIN AWAN VS UNITED BANK LIMITED O.XXXII, Rr. 1, 3, 4(2) and 15---Mental Health Ordinance (VIII of 2001), S. 32---Minor---Defendant of unsound mind---'Guardian for the suit' and 'Guardian of the person or property'---Distinction---Concept of next friend or guardian for the suit is to provide proper representation to a minor or a person with unsound mind during litigation, in order to protect his interests; therefore, their role is limited to the particular litigation or legal action for which they are appointed---Guardian for the suit is also called as "Guardian ad Litem"; the Latin term "ad litem" means "for the lawsuit"---Thus, guardian for the suit is appointed by a court specifically for the duration of legal proceedings and his role is temporary and limited to the particular lawsuit or legal matter---This might involve making decisions about litigation, settlement or other legal strategies---A guardian of the person or property of a minor or a person of unsound mind, on the other hand, is a person legally appointed to manage all the affairs of another person---Such a guardian has the authority to make decisions on behalf of the said person in various aspects of life, including financial, medical, and personal matters. Citation Name: 2024 CLD 708 SUPREME-COURTBookmark this Case Malik ARSHAD HUSSAIN AWAN VS UNITED BANK LIMITED S. 7(2)---Civil Procedure Code (V of 1908), O.XXXII, R. 15---Mental Health Ordinance (VIII of 2001), Ss. 29 and 32---Suit for recovery of finance---Defendant of unsound mind---Guardian in the suit, appointment of---Banking Court, powers of---Banking Court has the power to determine the unsoundness of mind or mental infirmity of a person on an inquiry under Order XXXII of the C.P.C. based on the evidence and appoint a guardian for the suit for the limited purpose of representation before the court of law, without first seeking an appointment of a guardian under the Mental Health Ordinance, 2001.

Malik ARSHAD HUSSAIN AWAN vs UNITED BANK LIMITED O — 2024 CLD 708 SUPREME-COURT

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