G. R. UDHWANI, J.

1. This petition is directed against the order dated 10th December, 2008 passed by the learned 2nd Additional Senior Civil Judge (S.D.) and Judicial Magistrate, First Class, Gandhinagar below Exh.124 in Regular Civil Suit No.419 of 1996, whereby the application of the petitioner, who was minor original defendant No.7 for allowing him to defend his case on attaining the age of majority, was rejected as belated, hearing of the suit having already commenced and evidence of defendants was being recorded; as also for want of power under Order-32, Rule-12 of the Code of Civil Procedure, 1908 (for short, "CPC").

2. There were in all 35 defendants, amongst whom, original contesting defendant Nos.31, 32, 33, 34 & 35 have chosen to oppose this petition by filing an affidavit-in-reply in response to the notice/Rule issued by this Court.

3. Learned Counsel for the petitioner has raised the following contentions :-

3.1 That the Trial Court ought to have allowed the minor to pursue the suit on attaining majority otherwise, the principle of natural justice stood violated.

3.2 Under Order-32, Rule-3(1) of CPC, the Trial Court was duty bound to appoint the guardian of minor-def