Section 185 in Civil Court Rules of the High Court of Judicature at Patna
185.
(1)Where there are both major and minor defendants and there is no appearance, the guardian with a view to obtain instructions in the case should communicate with the natural guardian of the minor and ordinarily with the major defendants in the case by registered reply post-card in which the subject-matter of the suit should be briefly stated. [G.L. 4/31, G.L. 3/49.](2)Where the sole defendant is a minor, the aforesaid communication should be addressed to his natural guardian, and in any case where the interests of the minor require, may be addressed to persons other than those actually parties in the suit.(3)If no response is received to the communication mentioned in sub-Rules (1) and (2) or if the response is not helpful and the guardian is unable to have a personal interview with the defendants or their agents, he should report the fact to the Court with a statement of the circumstances and apply for leave to go to the locality for necessary enquiry.(4)The guardian's report on any local enquiry made with the permission of the Court should contain the following particulars-(a)Date and hour of departure for the locality.(b)Mode of journey, viz., whether by rail or steamer or boat or road,(c)Date and hour of reaching the locality.(d)The names of persons who identify the minor.(e)Age of the minor as stated by the minor's people and as estimated by the guardian.(f)The names and residences of persons in whose presence the enquiry is held.(g)Whether the minor has any defence.(h)If there is defence what is the nature of it and what benefit is expected to accrue to the minor out of the defence.(i)Whether the minor or his people are able and prepared to meet the costs of the defence, and if not, what is the probable amount of such costs.(j)If no defence is filed, the reasons thereof together with the statements of the persons on whose report the decision is arrived at.(5)In case the Court refuses to grant leave for local enquiry, the guardian will proceed according to the instructions of the Court given in each case.(6)Where in response to the communication mentioned in sub-Rule (2) or otherwise, the minor or his natural guardian, or any other persons on his behalf, come and see the guardian, his subsequent proceedings and report should conform as far as applicable to sub-Rule (4) (g to j).(7)The guardian's report mentioned in sub-rules (4) and (6) may contain such other facts as he may think necessary to bring to the notice of the Court.(8)In petty rent suits and money suits the Court shall not ordinarily grant leave to the guardian-ad-litem go to the locality for enquiry.II. - Appeals(9)The foregoing Rules will apply mutatis mutandis to the appointment of guardians of minor respondents subject to the following Rules-(10)If no response is made to the registered post-card mentioned in sub-Rule (1), the guardian should, before applying for leave to go to the locality, similarly communicate with the pleader who conducted the case in the lower Court on behalf of the minor or his predecessor-in-interest, and ascertain from him, if possible, the probable cause of the non-appearance of the minor, reporting the result to the Court.(11)If the step taken under the last preceding sub-Rule does not elicit any satisfactory results, the guardian should consult the record and submit a report to the Court in which he should state whether in his opinion the judgment and decree of the lower Court can be supported and if such opinion is in the affirmative, why he should not argue the case himself before the Court. A written note on the merits of the case should accompany the report.(12)An amount estimated to cover the actual travelling and halting expenses of the guardian, not exceeding the scale laid down by Rule 186 will be required by the Court to be deposited by the party at whose instance the guardian is appointed before an order is passed for a local enquiry mentioned in sub-Rule (3). The amount so deposited or so much of it as may be found due will be paid out to the guardian when he has submitted his report mentioned in sub-Rule (4).(13)The actual postal charges for communication mentioned in sub-Rules (1), (2) and (10) will be deposited and paid to the guardian along with the fee prescribed by the High Court.Travelling Allowance
