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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V7) 1 CLR 24
1905 December 8
[HUTCHINSON, C.J. AND TYSER, J.]
OSMAN BEY HASSIB BEY AND ANOTHER
Plaintiffs,
v.
HAJIRE SALIH AND MUSSA EMIN ALI
Defendants.
RULES OF COURT-ORDER IX R. 7-INFANT-DEFENDANT-GUARDIAN AD LITEM.
Where it appears that the Defendant to an action is a minor, the Court should appoint a guardian for the purposes of the action.
If the Defendant is a Mussulman it is not necessary that application should be made to the Qadi for the appointment of such guardian.
This was an appeal from the judgment of the District Court of Paphos.
The Plaintiffs sued the Defendants on a bond. On the appearance of the parties for settlement of issues it appeared that the writ was served on the uncle of the Defendant Mussa, with whom Mussa was living, it being alleged that Mussa was only 16 years of age.
Sami Effendi, Ordinary Judge, sent the case to the full District Court.
The District Court refused to settle issues on the ground that a guardian should be appointed and that the Qadi should appoint the guardian.
The Plaintiffs appealed.
Pavlides for the Appellants.
The Court gave judgment that the case should be remitted to the District Court with directions that, if it appeared as was alleged that the Defendant Mussa was an infant, that Court should appoint a guardian ad litem, and, if it did not so appear, that the Court should, on due proof of service of the writ of summons on the Defendants or on their appearance, proceed to settle the issues or give judgment as the case might require.
Appeal allowed.