Civil Procedure Code, 1908, Order 32, Rule 3, Civil Procedure Code, 1908, Order 22, Rule 4 -- Non appointment of guardian ad-litem for minor grandsons - Deceased, on his death survived by sons and daughter - Held, when sons are alive, grandsons cannot become class-I heirs - Presence of grandsons not required - Non-appointment of guardian ad-litem has no affect on judgment..........
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 below could not have directed..........
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...........
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 inquiries must be left in each case..........
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 examination - Opinion formed..........
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 and her plea in opposition to..........
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...........
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...........
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...........
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 away right of duly..........
