Showing : 1-10 of 52 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Suit by next friend/guardian - O.32.R.15 CPC prescribes that application can be filed for a person who is adjudged in an enquiry to be of unsound mind and shall also apply to a person who, though not so adjudged was found by the Court on enquiry to be incapable of any mental infirmity, of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Person of unsound mind - Appointment of guardian - If a person is not capable of protecting his interests on his own, Court has an obligation to protect his interest by appointing a next friend or guardian...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Person of unsound mind - Appointment of guardian - Enquiry U.O.32.R.15 CPC not conducted by Family Court before taking a decision that respondent was not suffering from any mental illness or mental infirmity - It is not known on what basis Court below has reached such a conclusion - There is..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 3-- Minor - Where suit is filed on behalf of minor, no permission or leave of Court is necessary for next friend to institute suit - Whereas, if suit is filed against minor, it is obligatory for plaintiff to get appropriate guardian ad litem appointed by Court for such minor...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 3-- Minor - Next friend and guardian ad litem - Difference - Next friend is a person who represents a minor who commences law suit i.e plaintiff - Whereas, guardian ad litem is a person who is appointed by Court to represent a minor who has been defendant in suit - Guardian ad litem is appointed by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Suit for declaration - Plaintiff claiming herself of unsound mind and seeking appointment of legal guardian - Plaintiff died before decision of application - Application by L.R's for impleadment - Court has no jurisdiction to entertain suit on behalf of a dead person - Plaint returned being not..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Challenge to adoption deed by natural guardians - Relief of custody of child prayed by natural guardian is a consequential relief to declaration sought by them to declare deed of adoption as null and void - It is civil Court and not Family Court under Family Court..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Minor - A person who takes steps in a suit on behalf of a minor, automatically constitutes himself the next friend of minor - An order of Court, as in the case of a guardian ad litem for a minor defendant, is not necessary for that purpose - To be more precisely, a person filing suit as next..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Minor - Next friend or guardian ad litem - Appointment by Court is limited to that legal proceedings and beyond - The mandates in the personal law regarding competency of a natural guardian or a legal guardian or a defacto guardian are in the realm of private dealings in respect of minor's..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree set aside after condoning delay of 3690 days - Suit for declaration that marriage between parties is null and void and petitioner was not the father of child/respondent No.2 - Guardian ad litem not appointed by Court - Mother represented minor and has appeared, contested and filed..........

Showing : 1-10 of 52 Results