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MISS KIRAN ARIF MIAN versus MISS KINZA KHALID


Section 12 Civil Procedure Code (v. 1908), O VIII, Rr 9, 10, O XXXII, RR 4, 5 and Section 115 suit against minor guardian advertisement, non-assignment of court duty, attacking the defense plaintiff Demand for Performance The court did not approve the appointment of a guardian ad to sell the minor girl on behalf of her father and failed to file a minor written statement despite seeking two motions, the trial said. The court stopped the defendant's defense and adjourned the case for the plaintiff's evidence. Request to set aside previous order but this request was dismissed by trial. Judicial justification was not present in any court order regarding the minor's father in assigning his guardianship, even if the court had appointed the minor to defend the defendant and guardian. Their responsibility was not fulfilled and thus the court was obliged to replace the guardian. An appropriate person should have been appointed guardian, like a judicial officer, or the trial court's dismissal of the defendant's defense without considering that the defendant was a minor, the order passed by the trial court was illegal. And was set aside by the High Court. The review jurisdictional High Court upheld the order under OVIII, R9, CPC, CPC required the defendant to file a written statement and instructed the trial court to state the date before The defendant was required to file a written statement and was allowed to review it accordingly.

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