Federal Constitutional Court of Pakistan (Original/Appellate/Advisory Jurisdiction)
Mst. Bushra Bibi widow of Muhammad Zubair and others v. Additional District Judge, Bahawalnagar and others
C.P.L.A. 30-L of 2025 (against Lahore High Court, Bahawalpur Bench judgment dated 11 December 2024 in W.P. No. 9147 of 2017)
Citation: Approved for reporting; reported citation not yet assigned
Question of law
The legal question
Whether a compromise decree affecting minors' immovable property could lawfully stand without appointment of a guardian ad litem, express leave under Order XXXII Rule 7 CPC, and required guardianship permission, and whether the High Court could reverse the revisional order under Article 199 without identifying a jurisdictional defect.
Holding
What the Court decided
No. Courts act as parens patriae for minors. Effective representation under Order XXXII Rule 3, express and reasoned leave for compromise under Rule 7, and compliance with applicable guardianship safeguards are substantive protections. Their prejudicial breach, combined with the challenge to informed consent, brought the decree within Section 12(2). The High Court could not substitute its view for the revisional court without a jurisdictional or patent legal defect.
Result
Outcome and directions
Leave was granted, the petition was converted into an appeal and allowed, the Lahore High Court judgment was set aside, and the revisional judgment was restored. The compromise decree remains set aside and the original suit must be decided afresh on evidence with strict protection of the minors' rights. The Court also issued eight guidelines for Civil and Revenue Courts.
Statutory context
Read the relevant legal provisions
Judgment text is provided for legal research and general information. Verify the official court record before relying on it in proceedings.
Independent analysis
Read Shahbaz Shah's legal commentary
The FCCP held that a compromise affecting minors' property cannot stand without a lawful guardian, express court leave, and protection of the minors' best interests.
Read full commentary →