# that you consent to be appointed guardian for the suit‖

- **Citation:** Allahabad High Court #163068
- **Court:** Allahabad High Court
- **Decided:** 1915-05-04
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/that-you-consent-to-be-appointed-guardian-for-the-suit-163068
- **Pages:** 1

## Text

126
But as no person can be appointed as guardian without his consent, the court
before actually appointing a person as guardian should issue a notice to him in the
ordinary form to show cause (Form no.4, Appendix H), unless the person selected has
already, by application or otherwise, signified his willingness to act. To the form of the
notice when issued in these cases should be added the words ―and it will be presumed
that you consent to be appointed guardian for the suit‖.
Form 11 (H), as it stands, is addressed both to the minor and to the guardian. If
issued jointly to both it is likely to lead to confusion. It would be better to issue a separate
notice to each, the necessary alterations being made in manuscript.
G.L. No. 1745/3 to 1(c) dated 4th May, 1915
The attention of District Judges is drawn to Order XXXII, rule 4 of the Code of
Civil Procedure, 1908 under the provisions of which they may insist in any case when the
Nazir is appointed guardian ad litem that a legal practitioner be employed by him, his
fees being deposited by the plaintiff and recovered by him as part of his costs in the suit
or appeal in the event of his being successful. No doubt in some cases the real guardian of
a minor, if he believes that the plaintiff will have to pay the fees of counsel for the
defence, may refuse to act. Accordingly the Court considers that, while keeping in mind
the provisions of order XXXII, rule 4, District Judges should pass such order as appears
to them to be right and proper in each particular case.
G.L. No. 3/VII-d-34 dated 12th September,1956
Rules 1 and 4 of Order III of the Code of Civil Procedure provide that a
recognized agent of Mukhtar-i-am can appear, make an application and act in court on
behalf of the party duly authorising him but that pleading can be made only by a pleader
engaged on behalf of the party. Railway Inspectors who are paid servant of Railway
Administration and hold special power-of-attorney executed in their favour by the
General Manager should, therefore, not be allowed to plead in civil cases in which the
Railway Administration is a party.
Circular Latter No-32/2007 : Admin 'G' Dated :29 August, 2007.

On the above subject I am directed to inform you that to bring improvement in
the administration of Civil Justice System in the Chief Justices Conference-2007, it has
been resolved that the provisions relation to (a) examination of parties (Order X Rule 2
of C.P.C.), (b) discovery of the inspection (order XI of C.P.C., (c) issues (Order XIV
Rule 2 of C.P.C.) and the ex-parte injunction (Order XXXIX, Rule 3 and 3 A) be strictly
followed in letter and spirit by the subordinate Courts.

I am, therefore to request you to kindly bring the contents of the Circular Letter to
the notice of all the Judicial Officers working under you for strict compliance of the
directions of the Hon'ble Court.
(v)
Statement under Order X, Rule 2
G.L. No. 1359/67-73 dated 18th April, 1923 and
G.L. No. 61/VIII-h-13 dated 29th May, 1972