1. ' This appeal arises out of the order passed on 7-3-1987 whereby the Additional Controller of Rents, Clifton Cantonment, Karachi, had rejected the amended application of the applicant on the ground that some of the opponents were minors and their guardian ad litem had not been appointed.
2. ' Briefly the facts are that the present appellant had filed an application under Section 17 of Cantonment Rent Restriction (Amendment) Ordinance 1985 against deceased Sultan Ahmad who died during the pendency of the proceedings and, therefore, amended rent application was filed implicating his legal representatives of whom respondents Nos.10 to 13 are minors. It appears that no formal application was moved for appointment of guardian ad litem for the minor legal representative of the deceased and as such objection was raised by the other side through application under Order 32, C.P.C. Learned Additional Controller of Rent after hearing the parties'
3. Advocates, was pleased to dismiss the main case for ejectment, therefore, this appeal.
4. I have heard Mr. M.A. Qadri, Advocate for the appellant and Mr. Khalid Latif, Advocate for the respondents. No doubt it is settled law that the provisions of Civil Procedure Code do not apply to the rent proceedings and the learned Rent Controller has to follow the procedure he considers proper in the circumstances of the case but the principles underlying in C.P.C. As far as A procedure is concerned are generally followed in such matters. It may further be observed that even if it be taken that the matter could not be proceeded against the minor opponents unless a guardian ad litem was appointed to protect their interests, still the matter could have proceeded against the Respondents Nos.1 to 9 who are majors in the case. It would be pertinent to reproduce the Order 32, rule 3, C.P.C. Which reads as under:-- "3. Guardian for the suit to be appointed by Court for minor defendant.--(1) Where the defendant is a minor, the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor.
(2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff."
5. ' The above provisions show that it is for the Court to appoint a guardian ad litem for the minors if the Court is satisfied of the facts of his minority.
6. In view of the above, I am satisfied that the order passed by the learned Additional' Rent Controller, Clifton Cantonment, Karachi, is not in accordance B with the established principles of procedure.
7. The order is accordingly set aside and the case is remanded to the Rent Controller with the directions that the present appellants who are applicants before him will be given an opportunity to make an application for appointment of guardian ad litem of the said minor descendants of the deceased Sultan Ahmad. However, there will be no order as to costs.