WPMS No. 1625 of 2009 Hon'ble Prafulla C. Pant, J. Heard Mr. Dinesh Chauhan, learned counsel for the petitioner. By means of this petition, moved under Article 226 read with 227 of the Constitution of India, the petitioner has challenged the order dated 19.08.2009, passed by the appellate court (Additional District Judge / Fast Track Court-IV, Dehradun), in Civil Appeal No. 222 of 2001. Brief facts of the case are that a suit bearing No. 576 of 1993 was instituted by the plaintiff / respondent against defendants No. 1, 2 & 3. The present petitioner is one of the defendants who was minor at the time of institution of the suit. Her mother who had no inconsistent interest to her was also defendant in the suit. When she refused to become the guardian of her daughter, guardian ad litem was appointed by the trial court. But the interest of the mother and daughter was same. They had a common counsel even at the appellate stage. At the appellate stage minor moved an application to permit her to file replica as she has attained the age of majority. The lower appellate court before whom said application 41C was moved in Civil Appeal No. 222 of 2001 rejected the same as the interest of the minor was properly protected and her defence was already on record through her guardian. Having considered the submissions of learned counsel for the petitioner and after going through the papers on record, I agree with the lower appellate court that the petitioner’s mother herself was already co-defendant in the suit and her interest was similar to that of the petitioner. They had a common counsel, even after guardian ad litem was appointed. The procedure adopted by the trial court and the appellate court did not pre judice the rights of the petitioner. In the circumstances, application 41C moved by her was liable to be rejected. Lower appellate court has specifically mentioned that the application 41C is moved only to linger the old appeal of 2001. I agree with the lower appellate court. Therefore, this petition is dismissed summarily. (Stay Application No. 8247 of 2009 also stands dismissed). (P.C.P., J.) 22.09.2009 NS