| Case ID |
20592c38-6283-473c-8e32-9dd06c4009ef |
| Body |
View case body. Login to View |
| Case Number |
C.R. No. 63 of 2018 |
| Decision Date |
Jun 25, 2021 |
| Hearing Date |
|
| Decision |
The petitioners/plaintiffs challenged the order and decrees dated October 30, 2010, and December 29, 2017, which dismissed their suit for declaration, possession, cancellation of mutation, and permanent injunction. The court found that the trial court wrongly concluded that the suit was incompetent due to the minor plaintiff's lack of a guardian ad-litem. The appellate court upheld the trial court's order, but the revision petition was accepted, leading to the remand of the case for a fresh decision on merit. The court emphasized that the minor's involvement as a plaintiff did not invalidate the proceedings and that the rules regarding next friends and guardians should be interpreted together, not in isolation. |
| Summary |
In the case of C.R. No. 63 of 2018, the Quetta High Court dealt with critical issues surrounding the rights of minors in legal proceedings. The petitioners, including a minor plaintiff, sought a declaration regarding their ownership of a property in Pishin. The trial court dismissed their suit on procedural grounds, asserting that the minor lacked a guardian ad-litem at the time of filing. However, the High Court found that such dismissal was unjustified and contrary to the principles of justice, as the minor's interest was adequately represented by the other plaintiffs. The court's decision highlighted the importance of allowing minors to pursue their rights through proper representation and the need for courts to facilitate justice rather than hinder it through procedural technicalities. This case underscores the legal protections available to minors and the obligations of courts to ensure fair proceedings, making it a significant reference point for future cases involving minors in litigation. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED BALOCH, J.
|
| Lawyers |
Mr. Abdul Zahir Kakar,
Mr. Ayub Tareen
|
| Petitioners |
others,
NAIMATULLAH
|
| Respondents |
others,
ABDUL RAZAQ
|
| Citations |
2022 SLD 1701,
2022 PLJ 33
|
| Other Citations |
199 MLD 1523,
1986 MLD 682
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
9,
42,
39,
54,
3
|