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1978 DIGILAW 914 (MP)

Mansingh v. Ayodhya Prasad

1978-12-07

J.P.BAJPAI

body1978
Short Note : Held : The short point involved in this revision is about the validity of the service of summons of the suit on the counsel, who was appointed a guardian-ad-litem by the Court of Civil Judge Class II. The contention raised on behalf of the applicants was that since the suit itself was beyond the pecuniary jurisdiction of the Court of Civil Judge Class II and was ultimately instituted in the Court of Additional District Judge having jurisdiction, the order of appointment of guardian-ad-litem made by the Civil Judge Class II was also ineffective. Shri J.P. Sharma, learned counsel for the non-applicants, contended that since the Court of Civil Judge Class II had appointed the guardian-ad-litem service of the summons of the suit on him has been rightly held to be valid by the Additional District Judge even in the absence of any fresh appointment. In my opinion, the order impugned appears to be materially illegal and irregular. When, undisputedly, the suit was not within the jurisdiction of the Civil Judge Class II, there was no question of making any order regarding appointment of guardian-ad-litem for the minor defendant. The proper course would be to direct the plaintiff to pay process-fee for service of summons of the suit on the minor defendant. After service of the same, the present Court before which the suit is pending shall make necessary orders in respect of appointment of guardian-ad-litem for the minor defendant. Revision partly allowed.