Showing : 11-20 of 154 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 2-- Property of minor - Suit filed by next friend - Non-impleadment of minor children - Petitioner who is major, himself claiming A-Schedule property in suit - Merely because in suit petitioner also sought relief for B-Schedule Property, which he claims to be belonging to his minor children, Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 15-- Suit filed by person of unsound mind through his next friend - Enquiry as to unsoundness of mind - Court not required to hold enquiry before permitting plaintiff to proceed with trial of case - Moreover, such enquiry relates to defendant and not plaintiff...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Person of unsound mind - Enquiry as to - Where Court entertains a doubt about mental capacity or soundness of mind of a person or that he is not already declared as person of unsound mind, it is open to Court to take further assistance in form of medical examination - Quantum and extent of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Person of unsound mind - Enquiry as to - Defendant not declared as person of unsound mind - Trial Judge interviewed defendant alone for about 30 to 40 minutes and formed an opinion that she is required to be called for one or two occasion for purpose of enquiry and further questioning by medical..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Suit for partition - Preliminary decree affirmed by Apex Court - Plea of minority - Appellant was already on record as legal heir of M and was represented by a counsel - Claim of appellant, who admittedly turned major at the time of passing of decree, was considered by Apex Court on merits also..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Unsound mind - Suit filed by next friend - No attempt made to establish that plaintiff was of unsound mind - Suit is not maintainable when such adjudication not undertaken and concluded...........
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..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Suit by minor - Next friend/guardian - Suit filed on behalf of minor by his elder brother as his next friend - Sustainable, as next friend has no adverse interest to that of minor - Minor on attaining majority within one year of date of filing suit elected to continue with suit - Merely because..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Suit by minor - Next friend - Suit on behalf of minor shall be instituted by next friend - Next friend need not necessarily be a duly appointed guardian as specified u/s 4(b) of Hindu Minority and Guardianship Act...........
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...........

Showing : 11-20 of 154 Results