Provision of law contemplates that a guardian ad-litem shall not be permitted to enter into a compromise with the plaintiff on behalf of the minor without obtaining a prior permission from the Court before which the matter is sub-judice against a minor.,

17. In the case in hand, no such permission was obtained by the guardian ad-litem before entering into compromise. Therefore, it was not a valid compromise and cannot bind the petitioners. In this regard, reference is made to the case reported as “Mst. Rakhmat Jan Vs. Umar Mehmood (Minor) and another” (PLD 2013 AJK (HC) 8) wherein it was held as under:-

 “The above mentioned provision of law contemplates that a guardian ad-litem shall not be permitted to enter into a compromise with the plaintiff on behalf of the minor without obtaining a prior permission from the Court before which the matter is sub-judice against a minor., But the trial Court did not fulfil the requirements of the said provision of law because the Court was bound to enquire as to whether a proposed compromise was in the interest of minor or not and to grant permission to a guardian ad-litem for the said compromise.  

 Part of Judgment : 

IN THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT

WP- Family Law
2406-10

2014 LHC 5377