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Writ Petition No.1713 of 1984, decided on 24th February, 1985.

---S.25--Civil Procedure Code (V of 1908), Ss.20 & 21--Application for appointment of Guardian of minor--Objection to territorial jurisdiction--Defendant/mother of minor had raised preliminary objection in respect of territorial jurisdiction of Court--No issue was framed in that respect--High Court remanded case to Guardian Judge with directions to decide issue of territorial jurisdiction before proceeding further in matter.

Tariq Javid for Petitioner.

Qazi Khurshid Alam for Respondents.

Date of hearing: 24th February, 1985.

This writ petition has arisen out of order dated 17-3-1984 of the learned Additional District Judge, Bhakkar whereby he dismissed petitioner's revision petition against order dated 4-2-1984 of the learned Guardian Judge, Bhakkar directing the petitioner to produce minors in Court for providing opportunity to Amanullah Khan respondent to meet them.

2. The facts of the case are that Amanullah Khan respondent No.1 had filed an application for his appointment as guardian of the minors. The petitioner who is mother of the minors in her written statement raised a preliminary objection to the effect that the minors were admittedly residing in Dera Ismail Khan, as such the learned Guardian Judge had no territorial jurisdiction to entertain the petition. Before deciding the question of territorial jurisdiction the learned Guardian Judge passed the aforementioned order.

3. After hearing learned counsel for the parties and with their consent; I direct that the learned Guardian Judge, Bhakkar shall frame an issue, if not already framed, regarding his territorial jurisdiction to entertain the petition, and decide the same as preliminary issue before proceeding further in the matter. In the meantime the order of the learned Guardian Judge shall remain suspended.

4. This petition stands disposed of in terms indicated above.

5. There shall be no order as to costs.

H.B.T. Order accordingly.