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 guardian...........
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 Court but next friend is..........
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 father of minor is alive is no..........
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 is no..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit for declaration - Plaintiff claiming herself of unsound mind and seeking appointment of legal guardian - Plaintiff died before decision of application - Application by L.R's for impleadment - Court has no jurisdiction to entertain suit on behalf of a dead person - Plaint returned being not maintainable...........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor - A person who takes steps in a suit on behalf of a minor, automatically constitutes himself the next friend of minor - An order of Court, as in the case of a guardian ad litem for a minor defendant, is not necessary for that purpose - To be more precisely, a person filing suit as next friend of minor takes up..........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor - Next friend or guardian ad litem - Appointment by Court is limited to that legal proceedings and beyond - The mandates in the personal law regarding competency of a natural guardian or a legal guardian or a defacto guardian are in the realm of private dealings in respect of minor's property - Personal law principles..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit filed by person of unsound mind through his next friend - Trial Court declared plaintiff as person of unsound mind without conducting any enquiry or following the provisions of O.32.Rr.1 to 14 CPC - Besides this, there is no document or notice on record that plaintiff was suffering from any mental illness - Appellate..........
Civil Procedure Code, 1908, Order 32, Rule 7 -- Minor - Compromise - Order dismissing suit as withdrawn by next friend on behalf of minor - Recall of order - Neither satisfaction of Court was recorded nor it had been mentioned as to how compromise was in the interest of minor - Only on the basis of statement of next friend of minor, suit was dismissed as withdrawn -..........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - When there is no representation on behalf of minor and no guardian is appointed by Court, decree passed amounts to nullity...........
