Civil Procedure Code, 1908, Order 32, Rule 15 -- Second application by invoking the same provision - Held, not maintainable when once an application is dismissed and attains finality...........
Civil Procedure Code, 1908, Order 32, Rule 4 -- Suit by minor - Next friend of minor need not necessarily be one of guardians enumerated in S.6 of Hindu Minority and Guardianship Act and it is also not necessary that next friend must be appointed by Court as legal guardian...........
Civil Procedure Code, 1908, Order 32, Rule 4 -- Suit by minor - Maintainability - Where suit is filed by natural mother of minor as next friend for enforcement of right of minor in ancestral property of adoptive family, suit cannot be held to be not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 32, Rule 4, Rajasthan Tenancy Act, 1955, Section 212 -- Suit by minor - Dispute as to ancestral property of adoptive family - Legality of registered adoption deed challenged by filing a suit - Adoption deed does not become inoperative - It cannot be thus concluded that minor cannot claim any..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Minor attained majority during pendency of suit - Held, if minor defendant who attained majority does not choose to come on record and contest the suit by himself, he must be deemed to have elected to abide by representation of guardian and judgment and decree eventually passed in suit would be binding..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Real enquiry is required to be held to ascertain the unsoundness of mind before deciding the application U.O.32 CPC for appointment of next friend - Enquiry means : (1) questioning a lunatic by the Judge himself in open Court or in chambers, in order to see whether he is really a lunatic or of unsound..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to unsoundness of mind - Trial Court not to step into the shoes of a Medical Expert to assess the unsoundness of mind of a person as Presiding Officer of a Court is not equipped with the knowledge or experience in medical field...........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit by minor through next friend - When next friend has no interest adverse to minor then there is no basis to question the eligibility of next friend - Next friend need not necessarily to be a guardian and therefore provision of S.11 of Hindu Minority and Guardianship Act has no application as the same deals with..........
Civil Procedure Code, 1908, Order 32, Rule 17 -- Compromise by next friend or guardian of minor - Recalling of - When Court passed compromise decree it has made reference to the fact that it recorded statement of mother - Full compliance of statutory legal requirements while passing compromise decree - Held, compromise decree cannot be assailed on ground that it had not..........
Hindu Minority and Guardianship Act, 1956, Civil Procedure Code, 1908, Order 32, Rule 3 -- Guardian - Appointed by Court - Cannot deal with the property by way of sale, mortgage, charge or lease without the permission of Court and against the interest of minor...........
