Showing : 11-20 of 142 Results

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-- 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...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 3-- Minor - Guardian - Where natural guardian or duly constituted guardian had adverse interest against minor in a suit, then, a next friend or guardian ad litem, as the case may be would represent minor in civil litigation - However, next friend representing minor in suit U.O.32.R.1 CPC will not take..........
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 - Appointment of a guardian ad litem or a next friend in a suit is limited only for suit and after discharge of that guardian ad litem/next friend, right/duty of guardian as defined u/s 4(b) of Hindu Minority and Guardianship Act automatically continues as..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 3, 4, 6, 7(As-- Person of unsound mind - Sued but not through guardian or next friend - On objection being raised by defendants plaintiff filed an application to implead major son with whom person of unsound mind was residing - Son having no interest adverse to her - Application supported by an affidavit - There..........

Showing : 11-20 of 142 Results