| Case ID |
21770fbc-be0f-424d-b626-fc05d14a67b6 |
| Body |
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| Case Number |
Civil Appeal No.575 of 2005 |
| Decision Date |
Apr 25, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal, affirming the concurrent findings of the Lahore High Court and Lower Appellate Court, which had upheld the decree passed by the trial court. The court found that the appointment of the guardian ad litem was valid despite the absence of notice to the father of the minor, as the guardian represented the minor's interests. The court emphasized the importance of safeguarding the minor's interests and noted that the guardian's conceding statement was not a compromise but rather an admission under the Civil Procedure Code. The court underscored that the trial court had acted within its discretion under the relevant provisions of law. |
| Summary |
This case revolves around the appointment of a guardian ad litem for a minor in a civil suit, highlighting critical aspects of the Civil Procedure Code and the Specific Relief Act. The Supreme Court of Pakistan addressed whether the absence of notice to the minor's father invalidated the guardian's appointment. The court concluded that the guardian's representation was legitimate and that the interests of the minor were sufficiently protected. The ruling reinforces the legal framework governing guardianship in civil procedures, particularly in cases involving minors, and emphasizes the need for strict adherence to procedural rules to ensure justice. This decision is pivotal for understanding the dynamics of minor representation in legal contexts, offering insights into the interpretation of the law regarding guardianship and the rights of minors. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAQIR MUHAMMAD KHOKHAR,
RAJA FAYYAZ AHMAD,
GHULAM RABBANI
|
| Lawyers |
Tariq Javed,
Malik Abdul Sattar Chughtai
|
| Petitioners |
BASHIR AHMED KHAN
|
| Respondents |
,
SHAMAS-UDDIN
|
| Citations |
2007 SLD 1466,
2007 SCMR 1684
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973),
Specific Relief Act (I of 1877)
|
| Sections |
147,
O.XII, R.6,
O.XV, R.1,
O.XXXII, Rr.3, 7,
Art. 185(3),
42
|