Order allowing an application for discharge of guardianship under Order 32 Rule 12 and Section 151 CPC as the applicants had attained majority. Guardians discharged; applicants allowed to continue litigation.
Guardians discharged; applicants permitted to pursue litigation in their own capacity; application disposed of.
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CMP No.8651 of 2017 in FAO No. 340 of 2008.
17.10.2017. Present: None for the non-applicant/appellant.
Mr.Rupinder Singh, Advocate, for applicants/respondents No.2, 3 and 4.
CMP No.8651 of 2017.
Applicants/respondents No.2, 3 and 4 have moved this application under Order 32 Rule 12 read with Section 151 of CPC for discharge of their guardian on the ground that they have since attained majority and may be permitted to pursue the litigation in their own capacity. A perusal of the documents accompanying the application does reveal that the applicants have attained majority. Accordingly, the application is allowed and the applicants/respondents No.2, 3 and 4 are permitted to proceed the litigation in their own capacity and their guardian is ordered to be discharged. Application stands disposed of.
(Tarlok Singh Chauhan), October 17, 2017. Judge. (krt)
2 issues framed by the court
Whether guardianship should be discharged since the minor applicants/respondents have attained majority.
Whether the guardians should be permitted to proceed with the litigation in their own capacity.
2 provisions across 2 enactments
Applicants/Respondents No.2, 3 and 4
Tarlok Singh Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
