Jalaldeen vs Meerapulle – clr volume 3 page 026

In the case between Kader Tuan Jalaldeen (a minor, by guardian ad litem) and Meerapulle, the court addressed the issue of whether an action brought in the name of a minor by an uncertified guardian could proceed, and the significance of the proper procedure for the appointment of a guardian ad litem. It was held that, as the initial claim was invalidly initiated by an unauthorized party and the subsequent appointment of a guardian ad litem occurred only after the plaint was filed, the minor was never an actual party to the prior proceedings and thus could not be bound by earlier orders. The principle reaffirmed is that valid representation of a minor in judicial proceedings requires strict procedural compliance at the outset, and prior orders entered without such representation do not esto

REF: clr volume 3 page 026 Category: Tag:
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