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NAZAR HUSSAIN versus FATEH MUHAMMAD


Sections 12 and 42 of the Civil Procedure Code (v. 1908), Sections 12 (2) and A. XXXII, R4 (3) of the suit and the suit specifying the declaration suit were dismissed by the trial court, but The appellate court ruled on that basis. la Adalapi of the agreement Plaintiff's two sons, after filing an application under section 12 (2) after nearly twenty-one years, challenged the appellate court's order verifying the fraud and misrepresentation. The two sons alleged that at the time they were a minor and the plaintiff, who was their father, had defended the case by them as their alleged guardian ad, but the guardian ad As such, his appointment was canceled because he was appointed without consent and thus he had no interest in defending the case and appeal. Further, O XXXII, R 4 (3), did not comply with the mandatory provisions of the CPC, which the trial court had presented in a joint written statement by a lawyer to all defendants, including minors. The petition under section 12 (2), CPC, was made by two sons who stated that the advocate was not appointed by the defendant as counsel or that the statement made by the advocate defendant The defendant was the father of the minor / defendant and no other person was more suited to protect the rights of the minor. The record stated that the defendant's / guardian's advertising interest was not against his minor sons and Neither of these charges has been filed by the two sons in their petition under Section 12 (2);

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