Showing : 61-70 of 156 Results

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..........
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Minor - Court to appoint a proper person as guardian of minor - Court can appoint guardian of minor either on the application of defendants or the minor himself or by the plaintiff - Application has to be supported by an affidavit stating that proposed guardian has no interest in the matter in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 32, Rule 3, 4-- Minor - Appointment of guardian - Plaintiff to file with plaint a list of relatives with the addresses, who prima-facie are most likely to be capable of acting as guardian of the minor in the suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 32, Rule 7-- Minor - Compromise by guardian - Leave of Court has to be obtained - Application for leave to compromise to be accompanied by an affidavit of the next friend or guardian for the suit, if the minor is represented by a pleader, by the certificate of the pleader to the effect that agreement or..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 32, Rule 12(2)-- Minor defendant - Attaining majority during pendency of suit - Not choosing to come on record and to contest suit himself - Held, minor must be deemed to have elected to abide by the representation of the guardian and the judgment and decree eventually passed in the suit is binding upon him - Mere..........

Showing : 61-70 of 156 Results