| Case ID |
1582faed-514c-4253-a8ec-e43b2b51e78f |
| Body |
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| Case Number |
Civil Appeal No. 274 of 1970 |
| Decision Date |
Apr 23, 1976 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal, stating that the order of the learned Member, Board of Revenue, was not without lawful authority. The Court found that the minor appellant was properly represented by his father, who filed a power of attorney on behalf of the minor. The Court held that since the father was aware of the proceedings and represented his son as a natural guardian, no prejudice was caused to the minor. The appeal was dismissed without any order as to costs. |
| Summary |
In the case of Civil Appeal No. 274 of 1970, the Supreme Court of Pakistan addressed the issue of the appointment of a guardian ad litem for a minor in consolidation proceedings. The Court considered whether the order of the Member, Board of Revenue, was binding upon the minor appellant, Syed Ali Nawaz, who was represented by his father. The Court ruled that the appointment of a guardian was discretionary under Rule 25 of the West Pakistan Consolidation of Holdings Rules, 1960. It was determined that the father had adequately represented the minor's interests, and as a result, the appeal was dismissed. The decision emphasized the importance of proper representation in legal proceedings, particularly for minors, and clarified the discretionary nature of appointing guardians ad litem in consolidation cases. This case serves as a significant reference for understanding the legal obligations of guardians in similar contexts, highlighting the balance between procedural requirements and the substantive rights of minors. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SALAHUDDIN AHMED,
MUHAMMAD AFZAL CHEEMA,
DORAB PATEL
|
| Lawyers |
Muhammad Muzaffar,
Wajid Hussain
|
| Petitioners |
Syed ALI NAWAZ
|
| Respondents |
MEMBER, BOARD OF REVENUE,
6 OTHER
|
| Citations |
1977 SLD 163,
1977 SCMR 279
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Consolidation of Holdings Rules, 1960
|
| Sections |
25
|