Suit by minor - Shall be instituted in his name by person who shall be called 'next friend' of minor - 'Next friend' need not necessarily be duly appointed guardian - suit is filed against minor, it is obligatory for plaintiff to get appropriate guardian ad litem appointed by Court for such minor.

Citation

AIR 2018 SUPREME COURT 459

SUPREME COURT

(From : Karnataka)*

ARUN MISHRA , J. and MOHAN

M. SHANTANAGOUDAR , J.

Civil Appeal No. 22969 of 2017, D/- 8 - 1 - 2018

Nagaiah and Anr. v. Smt. Chow-damma (dead) By Lrs and Anr.

(A)Civil P.C. (5 of 1908), O.32 R.1 - Hindu Minority and Guardianship Act (32 of 1956), S.4(b) - Suit by minor - Shall be instituted in his name by person who

shall be called 'next friend' of minor - 'Next friend' need not necessarily be duly appointed guardian under S. 4(b) of Act of 1956. (Para6)

(B)Civil P.C. (5 of 1908), O.32 R.1, O.32 R.3 - Hindu Minority and Guardianship Act (32 of 1956), S.4(b) - Suit by 'next friend' - On behalf of minor - Does not require any permission or leave of Court to institute

suit - @page-SC460 When suit is filed against minor, it is obligatory for plaintiff to get appropriate guardian ad litem appointed by Court for such minor.