DECEMBER 9, 2022

The Mandate and Wisdom of Order XXXII of the CPC is to ensure smooth continuation of proceedings and expeditious trial of Suits wherein a minor or a person of unsound mind sues or is sued --- Supreme Court of Pakistan

post-img

Islamabad 30-03-2024: The Civil Petition 1393-L of 2020 was heard by three Members Bench consisting of Honourable Judges Mr. Justice Syed Mansoor Ali Shah, Mr. Justice Jamal Khan Mandokhail and Mr. Justice Athar Minallah observed that the mandate and wisdom of Order XXXII of the CPC is to ensure smooth   continuation   of    proceedings   and   expeditious    trial   of   suits wherein a minor or a person of unsound mind sues or is sued. The concept of next friend or guardian for the suit is to provide proper representation to a minor or a person with unsound mind during litigation, in order to protect his interests; therefore, their role is limited to the particular litigation or legal action for which they are appointed. Guardian for the suit is also called as "Guardian ad Litem"; the Latin term “ad litem” means “for the lawsuit”. Thus, guardian for the suit is appointed by a court specifically for the duration of legal proceedings and his role is temporary and limited to the particular lawsuit or legal matter. This might involve making decisions about litigation, settlement or other legal strategies. A guardian of the person or property of a minor or a person  of   unsound  mind,  on  the  other   hand,  is  a   person  legally appointed to manage all the affairs of another person. Such a guardian has the authority to make decisions on behalf of the said person in various    aspects   of   life,    including   financial,   medical,    and   personal matters.

Powered by Froala Editor

Related Post