( 1 ) ). The petitioner-plaintiff filed Special Civil Suit No. 248 of 1999 in the Court of Civil Judge (S. D.), Surat for specific performance of the agreement wherein nine persons have been impleaded as defendants including the defendant Nos. 1 and 2 who are husband and wife and the defendant nos. 3 and 4 are minor children of the respondent Nos. 1 and 2. They are impleaded as defendant Nos. 3 and 4 through their natural guardian and next friend of their father No. 1.

( 2 ) ). The defendants moved an application Exh. 24 before the trial Court with the prayer that the plaint may be rejected under the provisions of Order VII, rule 11 (d) of the Civil Procedure Code ("c. P. C. " for short) for the breach of mandatory provisions of Order 32, Rule 3 (4) of the C. P. C. The trial Court vide the impugned order dated 26-11-1999 allowed that application and the plaintiffs suit was rejected on the ground thai no guardian has been appointed for the respondent nos. 3 and 4 by the Court. It is mandatory duty of the court to appoint the guardian for proper representation of the minor in the suit. This order has been challenged in the present revision application in the revisional jurisdiction under Sec. 115 of the C. P. C.

( 3 ) HEARD learned Counsel for the parties and perused the relevant record of this case.

( 4 ) LEARNED Counsel for the petitioner submitted that the plaint has been rejected by the trial Court as no guardian or next friend has been appointed by the Court under Order 32, Rule 3 (4) of the CPC. It is the contention of the learned Counsel for the petitioner that the provisions of Order 32, Rule 3 (4) of the C. P. C. are general provisions of law and they are not attracted in the present case as specific provisions have been made by the Statute in Sec. 19 of the Guardians and Wards Act, 1890, which reads as under :"19. Guardian not to be appointed by the Court in certain cases :- Nothing in this Chapter shall authorize the Court to appoint or declare a guardian of the property of a minor whose property is under the superintendence of a Court of Wards, or to appoint or declare a guardian of the person - (a) of a minor who is a married female and whose husband is not, in the opinion of the Court, unfit to be guardian of her person, or (b) of a minor whose father is living and is not in the opinion of the Court, unfit to be guardian of the person of the matter, or (c) of a minor whose property is under the superintendence of a Court of wards competent to appoint a guardian of the person of the minor.

( 5 ) UNDER the provisions of Sec. 19 of the Guardians and Wards Act, 1890, wherein a minor whose father is living and is not in the opinion of the Court unfit to be appointed as guardian of a person of the minor, the Court is not required to appoint a guardian or next friend of the person of the minor. Order 32, Rule 3 (4) of the C. P. C. are the general provisions of law, wherein the defendant is minor, the Court on being satisfied with the fact of his minority shall appoint a proper person to be a guardian for the suit in such manner, and that such order can be passed on the application in the name and on behalf of the minor or by the plaintiff. Rule 4 of Order 32 of the C. P. C. requires that who may act as next friend or be appointed guardian for the suit for the suit. Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit; provided that the interest of such person is not adverse to that of the minor and that he is not, in the case of next friend, a defendant, or in case of a guardian for the suit, a plaintiff. No person without his consent be appointed as guardian for the suit. Where there is no other person fit and willing to act as guardian for the suit, the court may appoint any of its officers to be such guardian, and may direct that the costs to be incurred by such officer in the performance of his duties as such guardian shall be borne