Guardian for minor defendant is to be appointed by court and not by Plantiff
Appointment of a guardian for a minor defendant by the court is necessary to protect interest of the minor defendant or else the plaintiff by a fraudulent act nominate somebody favoring himself as a guardian of a minor defendant and get the suit decreed on admission of such guardian. The guardian appointed by the court for a minor defendant has to act by himself and cannot delegate his power and duty to act for the benefit of minor to anyone. He cannot give power of attorney as a guardian.
Bombay High Court
Ganeshshankar R Upadhyay vs. BrahmaprakashCitation : AIR 2012 NOC 86 BOM
CORAM : D.G. KARNIK, J
DATED : 15th July 2011
ORAL ORDER:
1. Heard learned counsel for the petitioner. None present for the respondent.
2 CRA No.314/07
2. The petitioners are the original plaintiffs and respondents are the original defendants. Petitioners filed a suit bearing Regular Civil Suit No.224 of 2003 against the respondents. In the suit, respondents appeared through one Mr.Girija Shankar Upadhyay who claimed to be a Power of Attorney holder of the respondents and filed their written statement on 15 October 2004 contesting the suit. One Uday Shankar Upadhyay also appeared in the suit claiming to be the power of attorney holder of the respondents and filed another written statement on the same date i.e 15 October 2004 admitting the contents of the plaint. Thereafter, the petitioners made an application at Exhibit 24 for passing a decree in terms of admission contained in the written statement filed by Uday Shankar. By an order dated 21 February 2007, the trial Judge dismissed the application and refused to pass a decree in terms of the admission. That order is impugned in this revision application.
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