| Case ID |
0f7bec50-44ed-4b79-80fd-d4e266bff9bf |
| Body |
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| Case Number |
Writ Petition No. 237 of 1982 |
| Decision Date |
Feb 24, 1982 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petition filed by the petitioners, who were minors, challenging the compromise made on their behalf by their guardian ad litem. The court found that the trial court had satisfied the requirements of Order XXXII, Rule 7 of the Civil Procedure Code, ensuring that the compromise was beneficial to the minors. Despite the absence of a formal application for permission to compromise, the court determined that the trial court's decision to allow the compromise was valid, as it was in the interest of the minors involved. Thus, the petition was dismissed in limine, affirming the lower court's ruling. |
| Summary |
In the case of Writ Petition No. 237 of 1982, the Lahore High Court addressed the legal complexities surrounding the compromise made on behalf of minors in a pre-emption suit. The petitioners, who were minors, contested the validity of the compromise entered into by their guardian ad litem, arguing that it required prior permission from the trial court. However, the court established that the trial court had effectively ensured that the compromise served the best interests of the minors, thereby fulfilling the requirements of the Civil Procedure Code. The court emphasized that the absence of a formal application for permission did not invalidate the compromise, as the court had exercised its duty to protect the interests of the minors. This case underscores the importance of safeguarding the rights of minors in legal proceedings and clarifies the procedural requirements for compromises involving minors. The decision highlights the court's role in upholding the legal protections afforded to vulnerable parties, ensuring that their rights are not compromised through procedural oversights. The ruling serves as a precedent in similar cases where the interests of minors are at stake, providing guidance on the necessary legal considerations and the court's discretion in such matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ILYAS, J
|
| Lawyers |
Ch. Muhammad Anwar Khan,
Sh. Karamat Nazir Bhandari, Advocate
|
| Petitioners |
,
IRSHAD MAHMUD,
Arshad Mahmud
|
| Respondents |
,
MAQBOOL AHMED,
Abdus Sattar
|
| Citations |
1982 SLD 805,
1982 PLD 366
|
| Other Citations |
P L D 1966 Pesh. 137,
P L D 1982 Quetta 7
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XXXII, r. 7
|