Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----OXXXIl, R.12--Dispute relating to minority of plaintiff at the time of institution of suit---Effect---Remedy---Where on an issue raised and tried in the case, Court had found plaintiff to be minor, it should not dismiss the suit at once but should allow a reasonable time for a next friend to come on record and go on with the suit---If no one had come forward, then the Court should reject plaint---Before Court's decision relating to plaintiff's minority, if he had become major there was no necessity to have a next friend for him---Plaintiff on attaining majority could have elected to drop the suit as not properly instituted but he was not bound to do so; he could affirm previous proceedings and continue the suit. Rarichan alias Ramanunni Kurup v. Vayisravanth Manakkal Raman and another AIR 1923 Mad. 553 and Beni Ram Dutt v. Ram Lal Dhukri (1892) 13 Cal. 189 ref. (b) Civil Procedure Code (V of 1908)--- ----O.XXXII, R.2---Suit purportedly filed by a minor without friend--­Regularisation of irregularity by Court---Validity---Plaintiff in terms of birth entry produced by plaintiff was already major and even in terms of birth entry produced by defendants was bordering on majority---Plaintiff's disability to file suit without next friend was not apparent---Plaintiff in filing suit in such manner had no intent to deceive the Court or to gain an unfair advantage from the defendants---Such mistake, if any, could be ascribed to a bona fide doubt as regards age and defect in question was, thus, of a formal character not affecting merits of case---Plaintiff was shown to be major on the date of filing of suit by him and in registered deeds by which he purchased parcels of land and then sold the same by three mutations he had acted as major, therefore, Trial Court had correctly regularized the irregularity in filing suit. Sankaram Nambi v. Davaki Anlherjanom AIR 1922 Mad. 259; Mt. Durga Devi and another v. Gur Narain AIR 1924 Lah. 157; Ali Ahmad v. Said Mian and another AIR 1924 Lah. 188(1); AIR 1923 Mad. 553; Mian Ghulam Hasan and 4 others v. Aqeel Ahmad Khan, Additional District Judge, Lahore and 8 others PLD 1982 Lah. 424;…

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