| Case ID |
215e7d18-4ce3-4602-a310-abdbe8154ce7 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 168 of 2006 |
| Decision Date |
Feb 12, 2013 |
| Hearing Date |
Feb 12, 2013 |
| Decision |
The appeal was dismissed as the court found that the trial court had not appointed any guardian-at-litem for the minor defendant and the mother had filed the appeal as next friend competently. The impugned decree could not be treated as a compromise decree under Section 96 of the Civil Procedure Code. The court highlighted the necessity of obtaining prior permission from the court for a guardian to enter into a compromise on behalf of a minor. The findings of the trial court were deemed sound, and the appeal was dismissed with no order as to costs. |
| Summary |
In the case of Civil Appeal No. 168 of 2006, the High Court of AJ&K dealt with significant issues surrounding the rights of minors in legal agreements and appeals. The appellant, Mst. Rakhmat Jan, contested a decree made in favor of Umar Mehmood, a minor, regarding gift deeds that lacked possession transfer. The court emphasized that any agreement made on behalf of a minor requires judicial approval to ensure the minor's best interests are served. This case illustrates the crucial balance between legal procedures and the protection of minors in contractual obligations, affirming that guardians must act under the court's oversight to safeguard the minor's interests. This ruling underscores the legal framework governing minors' rights and the responsibilities of guardians in legal proceedings, reinforcing the necessity of judicial scrutiny in such matters. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Munir Ahmed Chaudhary, Justice
|
| Lawyers |
Muhammad Rafique Dar,
Bostan Chaudhary
|
| Petitioners |
Mst. Rakhmat Jan
|
| Respondents |
Arshad Mehmood,
Umar Mehmood (Minor)
|
| Citations |
2013 SLD 2978,
2013 PLD 8
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Islamic Law
|
| Sections |
O. XXXII, Rr. 3, 7 & S.96,
Gift deed
|