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ALAMGIR versus NASIR ALI


O XXXII, read with r 3 o 1, r 10, the appointment of the guardian ad litem of the minor defendant does not equate to the inclusion of new OI claimants, r 10 does not apply to such case. The related question does not arise. Permission to prosecute defendants under the Guardian Advertising / Item Limitation Act (IX of 1908) Section 22 [Ali Muhammad et al. Mohammed Hussein et al. CLC 2214 of 1981] [limit]],

1981 C L C 375

[Lahore]

Before Khurshid Ahmad, J

ALAMGIR AND 8 OTHERS‑Petitioners

versus

NASIR ALI AND 8 OTHSRS‑Respondents

Civil Revision No. 1041 of 1979, heard on 4th October, 1980.

(a) Civil Procedure Code (V of 1908)‑

‑‑ O. XXXII, r. 3 read with O. 1, r. 10‑Appointment of guardian ad litem of minor defendant‑Held, does not amount to adding a new defendant‑Provisions of O. I, r. 10 do not apply to such a case Question of limitation does not arise on account of permission to sue defendants through guardian ad /item‑Limitation Act (IX of 1908). S. 22‑[Ali Muhammad etc. v. Muhammad Hussain, etc. 1981 C L C 2214 dissented from].‑[Limitation],

Ali Muhammad etc. v. Muhammad Hussain, etc. 1980 C L C 2214 dissented from.

(b) Civil Procedure Code ('V of 1908)‑

‑‑ O. VI, r. 16‑Signatures on pleadings‑Party owning filing of suit and admitting his signature on plaint‑Held, cannot be permitted to raise objection as to such signatures‑Object of requiring every pleading to be signed by party‑To prevent as far as possible dispute as to whether suit was instituted with plaintiff's knowledge or authority. [Pleadings].

Secretary of State for India v. Dinshaw Narsji and another A I R 1925 Sind 275 rel.

(c) Pleadings

Irregularity in signatures or verification of plaint‑Held, a mere defect of procedure and does not affect jurisdiction of Court and remedy lies in amendment of plaint‑[Plaint].

Raja Muhammad Yaqoob Khan for Petitioners.

Mian Israrul Haq for Respondents.

Date of hearing : 4th October, 1980.

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