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AMIR BASHIR versus ADDITIONAL DISTRICT AND SESSION JUDGE, FAISALABAD

A. XXXII R 6 and Section 12 (2) of the Constitution of Pakistan (1973), Article 199 Constitutional application for the adjudication and adjudication of the plaintiff by the plaintiff / minor by her grandmother for the benefit of the minor suit. Approved in favor of protection, the defendant filed an application under CPC for filing an application under section 12 (2) CPC and the defendant at the time of filing the lawsuit, who, as a guardian ad Was a minor, represented by the grandmother in court, but after her illness and old age, she could not file a written statement in court Although the facts of the grandmother's illness were brought to the notice of the trial court by medical evidence, the trial court withdrew the defendant's defense. On the petition filed by the defendant under the validity of section 12 (2) CPC, both the courts overlooked the important aspect of the case that the plaintiff was a minor who was again treated by his seriously ill grandmother. O XXXII, R 6 Under the CPC, it was the duty of the court to protect the interests of the minor and should not diminish the defendant's defense if the minor was not being properly represented by the failure of his guardian, The trial court may, in keeping with the truth of the minority and protecting the interests of the minor, arrange for another guardian ad to pursue the case so that the strike in defense was a major deterioration of justice. Were involved and preventing its defense. , The minor could be deprived of the contemporaneous orders of the courts below and the plaintiff / juvenile had a chance to stand trial. immigration advocates phone number from Tando Mohd Khan lawyer