Civil Procedure Code, 1908, Order 32, Rule 4 -- Next friend - There is no requirement of law that a person must be related to the person for whom he/she is appointed as next friend...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit by next friend on the ground that plaintiff is incapable of protecting his interest, due to mental infirmity - Court has to conduct an enquiry in that regard and has even to frame an issue in that behalf - It is absolutely unsafe for the Court to rely upon the gestures and signs given by the deaf and dumb person with..........
Civil Procedure Code, 1908, Order 32, Rule 12 -- Minor represented by next friend - Minor attaining majority - Next friend becomes functus officio and has no authority to continue suit - Court to ascertain minor's wishes whether he elects to proceed with suit or he elects to abandon it...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Decree against minor - Gross negligence on part of his next friend - Minor can file suit to set aside decree...........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit by minor - Next friend found to be not proper next friend or proper guardian - Because of that defect, decree in favour of minor is not nullity - Court can suspend proceedings till defect is removed...........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit by minor - Attaining majority during pendency of suit - Decree passed thereafter - Defect that he was not represented by proper next friend stands cured...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Minor/Person of unsound mind -Suit to be filed in their name through next friend - Next friend cannot tile the suit in his own name and claim right in future in `spes successionis' unless he claims his separate or distinct independent right...........
Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 32, Rule 15 -- Non impleading of guardian for a person of unsound mind - Not a formal defect but is a curable one - Plaint cannot be allowed to be withdrawn with permission to file a fresh one on the same cause of action...........
Civil Procedure Code, 1908, Order 32, Rule 3-A -- Setting aside decree passed against minor due to negligence of guardian - Negligence must be of serious nature or of such a magnitude which justifies the inference that the minors interest were jeopardised by the acts of omission or commission by the guardian - Negligence of trivial nature are not sufficient - A minor can..........
Civil Procedure Code, 1908, Order 32, Rule 6, 7- -- Provisions are mandatory - Minor's accident claim petition - Compromise or settlement arrived at without leave of court - Violative of mandatory provisions of law - Motor Accident Claims award enhanced from Rs.30, 000/- to Rs.one lac...........
