Showing : 51-60 of 137 Results

BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 3, 4-- Minor defendant - Guardian appointed by Court - Object of - Held, appointment of a guardian for a minor defendant by Court is necessary to protect interest of minor defendant or else plaintiff by a fraudulent act nominate somebody favoring himself as a guardian of a minor defendant and get the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 2, 2-A, 3-- Minor - Suit by minor through next friend - It is not necessary that next friend must be a natural guardian or a close relation...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Minor defendant - Court will appoint a guardian for him - The concept of `next friend' does not exist, if minor figures as defendant in a suit...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 3-- Next friend and guardian - Distinction - Next friend can act only to represent the interest of minor and has no power to put the interests of the minor at stake whereas guardian has some powers to take certain decisions, for and on behalf of the minor, may be, in a limited scale and subject to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 2, 2-A, 3-- Minor - Suit filed by minor without next friend - Plaint shall be 'taken off' the file - It is not equivalent to rejection of plaint - Defect so noticed can be cured...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 2, 2-A, 3-- Minor - Suit filed by minor through next friend - Court can insist on furnishing of security by the next friend, for payment of all costs, incurred or likely to be incurred by the defendant in such a suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 2-- Minor - Suit filed through grand father - Minor can file suit through next friend who need not to be the natural guardian only - Natural guardian can be any person, not necessarily any of the guardians enumerated in S.4 of Hindu Minority and Guardianship At, 1956 - Held, suit filed by minor..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 15-- Plaintiff when minor or of unsound mind - Suit in his name can be filed by next friend without an order from Court regarding appointment of next friend - However, when defendant is minor or of unsound mind, then appointment of guardian of such defendant is required to be made by Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Suit filed by person of unsound mind through his next friend - Plaintiff not adjudged to be of unsound mind either under Mental Health Act or in any other proceedings - Held, it was essential for the trial court to conduct inquiry to ascertain about the mental infirmity of plaintiff rendering him..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Deafness - Nothing on record to show that petitioner on account of deafness is unable to communicate with others or is incapable of protecting his interest - Defendant working as Lambardar of the village for the last 20 years - A person who is working as Lambardar of a village for 20 years cannot..........

Showing : 51-60 of 137 Results