| Case ID |
67d18fa5-10af-4730-9f88-2500359373e1 |
| Body |
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| Case Number |
Regular Second Appeal No.53 of 1991 |
| Decision Date |
Jun 10, 2002 |
| Hearing Date |
Apr 23, 2002 |
| Decision |
The Lahore High Court upheld the decision of the Additional District Judge, Chiniot, confirming that the trial court's omission to formally appoint a guardian ad litem for the minor defendant did not prejudice the case. The court emphasized that procedural laws are a means to an end and should not affect substantive rights adversely. The court found that the minor was adequately represented by his father, who contested the suit and presented evidence. The appeal was dismissed, affirming the lower court's judgment and maintaining the decree in favor of the pre-emptors. |
| Summary |
This case revolves around a regular second appeal concerning a pre-emption suit filed by the plaintiffs against the sale of land. The core issues dealt with the procedural requirements for representing minors in court and whether the absence of a formally appointed guardian ad litem was fatal to the proceedings. The Lahore High Court concluded that since no prejudice was demonstrated against the minor, the trial court's actions were deemed sufficient. This case highlights important principles regarding the representation of minors in legal proceedings, particularly under the Civil Procedure Code and the Punjab Pre-emption Act. It underscores the necessity of ensuring that procedural compliance does not overshadow substantive rights, particularly in family and property disputes. The decision reinforces the court's role in safeguarding the interests of minors while allowing for practical considerations in legal representation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M.A. SHAHID SIDDIQUI, J
|
| Lawyers |
Shaukat Ali Mehr for Appellant.,
Khizar Abbas for Respondent.
|
| Petitioners |
ADIL through Legal Heirs and others
|
| Respondents |
ASHIQ HUSSAIN and others
|
| Citations |
2003 SLD 2587,
2003 CLC 945
|
| Other Citations |
PLD 1978 SC (AJ&K) 40,
PLD 1986 Lah. 373,
AIR 1927 Lah. 861
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Punjab Pre-emption Act (I of 1913)
|
| Sections |
Preamble,
Order XXXII,
Section 21
|