Constantinu Vederale vs Hendrick Perera – clr volume 1 page 031

In the case between multiple plaintiffs (including parties in an ejectment and tort action) and six defendants (one a minor), the court addressed whether an action in tort may proceed against a minor defendant without appointing a guardian ad litem, and the procedural response when a plea of minority is raised. Orders of non-suit were entered after the minor defendant, represented by proctor, pleaded infancy. It was held that no rule obliges the plaintiff to arrange for a guardian ad litem in tort claims, nor is the plaintiff required to confirm minority or initiate guardianship. The proceedings determined that responsibility for appointing a guardian ad litem rests with the defendant if appearing by proctor. Non-suit orders were set aside, with directions for renewed procedural dealings,