Ram Surat Ram, J. - (1.) Heard Sri Ajai Kumar Srivastava for the petitioner.
(2.) The writ petition has been filed against the order dated 19.11.2013 by which the application of 22 C filed by the petitioner under Order VII, Rule 11 CPC for rejecting the plaint, as the guardian of minor plaintiff has not been properly appointed, has been rejected and a date has been fixed for disposal of the application for interim injunction.
(3.) So far as the application of the petitioner under Order VII, Rule 11 CPC is concerned, the petitioner has filed the application on the ground that Mohit and Ashish, plaintiffs - 2 and 3 were minor but no application has been moved for appointment of their guardian. Accordingly the plaint was defective and it was liable to be rejected. The court below found that in the plaint Suraj, plaintiff-1 was shown as major and Mohit and Ashish, plaintiffs- 2 and 3 were shown as minor and their father Raj Narayan was appointed as their guardian. Therefore there was no defect in the plaint. The objection of the petitioner that no separate application has been given for appointment of the guardian has been rejected on the ground that no separate application is required under the law.;