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Pandit Mohan Lal and anr. Vs. Ganga Prasad and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in71Ind.Cas.975
AppellantPandit Mohan Lal and anr.
RespondentGanga Prasad and ors.
Excerpt:
civil procedure code (act v of 1908), order xxxii, rule 4 - guardian ad litem--vakil, whether officer of court. - - the court having failed to find any other person fit and willing to act as their guardian for the purposes of these appeals, has appointed mr. we are clearly of opinion that a vakil of the court is an officer of that court for the purposes of this rule, and that, therefore, we have jurisdiction to make the order prayed for......connected appeals a question has been raised by a petition presented to this court from mr. sital prasad, vakil of agra. it appears that there are two minors, bala prasad and nanhe, whose interests are concerned in both these appeals. the court having failed to find any other person fit and willing to act as their guardian for the purposes of these appeals, has appointed mr. sital prasad, vakil, to be such guardian. that gentleman appeals to us to make a proper order as to the costs to be incurred by him in order that he may, obtain the legal assistance necessary to the proper representation of the minors at the hearing of the appeals. we have been asked to consider whether such order can properly be made by us under order xxxii, rule 4 of the code of civil procedure. we are clearly of.....
Judgment:

1. Prior to the hearing of these connected appeals a question has been raised by a petition presented to this Court from Mr. Sital Prasad, Vakil of Agra. It appears that there are two minors, Bala Prasad and Nanhe, whose interests are concerned in both these appeals. The Court having failed to find any other person fit and willing to act as their guardian for the purposes of these appeals, has appointed Mr. Sital Prasad, Vakil, to be such guardian. That gentleman appeals to us to make a proper order as to the costs to be incurred by him in order that he may, obtain the legal assistance necessary to the proper representation of the minors at the hearing of the appeals. We have been asked to consider whether such order can properly be made by us under Order XXXII, Rule 4 of the Code of Civil Procedure. We are clearly of opinion that a Vakil of the Court is an officer of that Court for the purposes of this rule, and that, therefore, we have jurisdiction to make the order prayed for.

2. We direct accordingly that the appellant, Pandit Mohan Lal, do pay a sum of Rs. 75 as a fee for Counsel to appear and represent the interests of the minor respondents at the hearing of the two appeals. Previous payment of the fee must be certified to us before the hearing of the appeals. We allow two weeks' time to the said appellant for the purpose.


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