# admitted (See note given at foot of Form no. 70)

- **Citation:** C.L. No. 2885/44-2(12)
- **Court:** Allahabad High Court
- **Case number:** C.L. No. 2885/44-2(12)
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/admitted-see-note-given-at-foot-of-form-no-70-163065
- **Pages:** 1

## Text

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not contain an entry of any case, which arises out of or flows from a plaint that has been
admitted (See note given at foot of Form no. 70)
(iv)
Minor defendants
C.L. No. 2885/44-2(12) dated 17th May,1921
A plaint in a suit where a minor is impleaded, as a defendant shall at once be
registered as a suit in Form no. 3 if it is found to be in order. After the plaint has been so
registered steps should at once be taken for the appointment of a guardian ad litem of the
minor defendant, but the proceedings taken for this purpose need not delay the issue of
summonses to adult defendants requiring them to file their written statements. It is to be
understood, however, that the suit cannot proceed to trial until the guardian ad litem has
been duly appointed and has filed a written statement on behalf of the minor.
Proceedings for the appointment of a guardian ad litem should be treated as
proceedings in the suit and not as separate miscellaneous judicial proceedings.
G.L. No. 12 Dated 22nd June,1909
The general procedure which should ordinarily be adopted under the Code of
Civil Procedure, 1908, in respect of the appointment of guardians in suits against minor
defendants is as follows:
Under order XXXII, rule 3 an order for the appointment of a guardian may be
made on an application either-
(a)
by the plaintiff, or
(b)
on behalf of the minor.
The plaint, therefore, should ordinarily be accompanied by an application
supported by an affidavit. This application should set forth the name (1) of the guardian
appointed or declared by competent authority, if any, (2) if there is no such guardian, of
the natural guardian, (3) if there is neither a guardian appointed or declared by
competent authority, nor natural guardian, of the person in whose custody the minor is,
and (4) of the person proposed to be appointed guardian, if the application and affidavit
as described above be filed, the court will then proceed under rule 3(4) to issue notice
in form 11 (H) to the minor and the person referred to in (1) or (2) or (3) above. This
notice in its present form may be regarded as precluding the appointment as guardian of
the person notified, unless he makes an application to that effect. This appears likely to
lead to inconvenience. It would, therefore, be well to substitute for the words ―proceed
to appoint some other person, etc‖ the words ―proceed to appoint you...... or some
other person, etc‖
If an application is filed on behalf of the minor before the issue of notice in Form
11(H), the issue of such notice to the guardian may or may not be necessary. In the latter
case, and when such notice has been issued whether an application has been filed on
behalf of the minor in response there to or not, the court shall at once proceed to appoint
a guardian. The guardian appointed or declared by competent authority shall be
appointed, if there is one, unless there be reasons to the contrary which the court must
record.