BHARPUR SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 9.12.2008 passed by the Civil Judge (Sr. Division), Sangrur accepting the objection petition preferred by Paramjit Kaur natural guardian of minors Bikramjit Singh and Navneet Kaur (now respondent Nos. 2 and 3) and dismissing the execution filed by the plaintiff-petitioner Bharpur Singh (herein referred as 'the petitioner').

(2.) THE prime question needs to be considered in this case is "whether minors remained unrepresented during the pendency of the suit and needed to be represented through the guardian by a specific order of the court?"

(3.) THIS application was contested by the petitioner stating that the suit was contested by Paramjit Kaur in her personal capacity as well as being the guardian of the minors. She neither raised any objection in the suit nor refused to accept summons on behalf of the minors. Paramjit Kaur gave her address as well as of the minors of village Toori, therefore, she now cannot say that she started residing at her parental house. Since the minors were duly represented and she contested on their behalf, the interests of the minors are not clashing with her interest, therefore, the execution application could not be dismissed.