Muhammad Nadir Khan vs Muhammad Usama S — 2025 MLD 66 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 66 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Muhammad Nadir Khan vs Muhammad Usama S
Subject matter: Civil
Provisions referred to: S. 11---C; S. 115; Civil Procedure Code (V of 1908)

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 Nadir Khan VS Muhammad Usama S.11---Civil Procedure Code (V of 1908), S.115 & O.XXXII---Persons competent to contract---Minors---Maintainability of suit without appointment of guardian-Execution of agreement to sell by a person/father on behalf of the minors without having been appointed as guardian of the minors by the court of competent jurisdiction---Legality---Minor is disqualified from entering into any contract for disposal of his property without appointment of a guardian by a Court of competent jurisdiction and if any such contract is entered the said transaction is void ab initio and does not have any binding force---Law debars filing of suits against the minors without next friend or guardian appointed by the court---Thus, suit of petitioners in the present case was not maintainable---Courts below had rightly adjudicated upon the matter in hand and had not committed any illegality or irregularity warranting interference by High Court in exercise of its revisional jurisdiction under S.115, C.P.C.---Civil Revision was dismissed in limine accordingly.

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