Malik ARSHAD HUSSAIN AWAN vs UNITED BANK LIMITED O — 2024 PLD 595 SUPREME-COURT

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Malik ARSHAD HUSSAIN AWAN VS UNITED BANK LIMITED O.XXXII, R. 15---Mental Health Ordinance (VIII of 2001), Ss. 29 & 32---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 7(2)---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. Citation Name: 2024 PLD 595 SUPREME-COURTBookmark this Case Malik ARSHAD HUSSAIN AWAN VS UNITED BANK LIMITED O.XXXII, Rr. 1, 3, 4(2) & 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.

Malik ARSHAD HUSSAIN AWAN vs UNITED BANK LIMITED O — 2024 PLD 595 SUPREME-COURT

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