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...........
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 incapable to protect his..........
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 be said to be of unsound..........
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 controversy adverse to that of..........
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...........
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 compromise proposed is in the..........
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 fact that suit was..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Minor - If interest of minor is already represented by a natural guardian then application U.O.32.R.3 CPC is not required to be filed - If the interest of minor is protected by a natural guardian and there is no challenge either by the minor or by the plaintiff to such representation of the minor by the natural guardian, the..........
Civil Procedure Code, 1908, Order 32, Rule 7 -- Minor - Guardian cannot enter into any agreement or compromise, on behalf of a minor, with reference to a suit without leave of the court - Any such agreement or compromise, entered into without leave of the court, shall be voidable against all parties other than minor...........
Evidence Act, 1872, Section 59, 60, Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor - Proof of age - Consent decree - Challenged on the ground that it was passed on the basis of admission by a minor - Oral evidence - Held, same is hardly of any consequence in the absence of production of the birth entry, from the office of the Registrar (Birth and Death) or from the..........
