| Case ID |
2e5b8d3e-e6ab-49de-b7ba-0e7da462e95a |
| Body |
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| Case Number |
Civil Revision No.87 of 2003 |
| Decision Date |
Nov 01, 2011 |
| Hearing Date |
Nov 01, 2011 |
| Decision |
The Lahore High Court upheld the dismissal of the suit for pre-emption filed by Ahmad Waseem, a minor, through his next friend Nazar Hussain. The court found that Nazar Hussain lacked the legal authority to act as guardian ad litem for the minor, as he was not a direct relative and had not been appointed by any court. The decision emphasized the necessity of a legally recognized guardian when filing such suits. The court noted that the minor's mother was alive and his elder brother was capable of representing his interests, further validating the dismissal of the suit. The court concluded that Nazar Hussain's actions were not in the best interest of the minor and reaffirmed the lower courts' decisions, leading to the dismissal of the revision petition. |
| Summary |
In the case of Ahmad Waseem vs. Muhammad Ayub and others, the Lahore High Court dealt with the issue of pre-emption under the Punjab Pre-emption Act, 1991. The court examined the legal standing of the next friend, Nazar Hussain, who filed a suit on behalf of the minor Ahmad Waseem. It was determined that Nazar Hussain did not have the necessary legal authority or relationship with the minor to act as his guardian ad litem. The court highlighted the importance of having a legally recognized guardian or agent for minors in legal proceedings, especially in matters concerning property rights and pre-emption claims. The ruling reinforced the principle that a minor's interests must be protected by a competent guardian, and since the minor's mother was alive, and his elder brother was of age, the suit was rightly dismissed. This case serves as a significant reference for future cases involving minors and the legal requirements for guardianship in pre-emption suits. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL WAHEED KHAN, J
|
| Lawyers |
Muhammad Amir Butt,
Muhammad Atif Farzauq Raja
|
| Petitioners |
AHMAD WASEEM
|
| Respondents |
others,
MUHAMMAD AYUB
|
| Citations |
2012 SLD 492,
2012 CLC 573
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act, 1991,
Civil Procedure Code (V of 1908)
|
| Sections |
13,
14,
O.XXXII,R.2,
O.XXXII,R.3
|