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[Cites 0, Cited by 0] [Section 113] [Entire Act]

State of Madhya Pradesh - Subsection

Section 113(1) in M.P. Civil Court Rules, 1961

(1)When a guardian ad litem is appointed and it appears to the Court that the guardian is not in possession of any, or sufficient funds or the conduct of the suit on behalf of the minor defendant and that the latter may be prejudiced in his defence thereby, the Court may direct that a sufficient sum shall be deposited in Court by the plaintiff from which sum the expenses of the minor defendant in the suit shall be paid. The expenses should include the legal fee or such sum as may be fixed by the Court to be paid to the pleader appointed on behalf of the minor. If the plaintiff fails to deposit the sum as directed, the appointment of the guardian may be cancelled and toe plaintiff's power to proceed with the suit will then be suspended, pending appointment of a fresh guardian. No remuneration can be allowed under toe Code to the person appointed guardian as such and toe Court should make this clear to every appointee before appointing him. But when a pleader is appointed guardian he may also be appointed to act as pleader for the minor in the suit and may receive remuneration in his latter capacity.