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State of Madhya Pradesh - Section

Section 112 in M.P. Civil Court Rules, 1961

112.

The Court shall proceed to appoint a guardian ad litem after hearing any objection that may be urged by any of the persons served with a notice. Attention is invited to sub-rule (1) of Rule 4-A of Order XXXII above. If the proposed guardian does not appear and give his consent as required by law or if he appears to be unsuitable for any reason, or there is no other fit person willing to act as guardian ad litem the Court may appoint a Pleader ordinarily practising in the Court or other officer of the Court in the last resort, to be such guardian.Note 1. - As there are no special provisions in the Code regarding service of processes on minors, the rules applicable to adults must be followed when a notice is to be served on a minor.Note 2. - Summonses to major defendants, and notices to the persons referred to above should be issued simultaneously and in no case should issue of summonses to the former be deferred till the appointment of a guardian ad litem.Note 3. - When a pleader is appointed in a case where there are both major and minor defendants, the pleader who represents the former should ordinarily be appointed guardian ad litem of the latter unless the interest of the major defendant is adverse to that of the minor defendant or defendants.