Order XXXII (CPC)

 

Order XXXII
(CPC)


Suits by or
against Minors and Persons of Unsound Mind.

Or. 32, r. 1—The
guardian or the next friend of the minor can bring a suit on behalf of the
minor at any time during the minority of the ward.

Aalaz Mia Vs.
Mohammad Mostafa (1965) 17 DLR 112.

Debutter
property—Maintainability of suit— Non-joinder of deity as a party in a suit in
respect of debutter property is fatal for maintenance of the suit.

Tejendra
Chandra Dhar Vs. Rohini Ranjan Saha (1971) 23 DLR 45.

 

Suit by or against minor, procedure in—

It is the
duty of the court to appoint a minor’s guardian 39A 8.26 CLJ 258.

—One of two
joint promissors cannot plead the minority of the other and his consequent
immunity is a bar to the promissee’s claim against him. 24 CLI 74 PC 34 M314
affirmed.

—When minor
is sued as major, the decree is a nullity, but if the minor has paid rent under
the decree he cannot recover it. 27 CWN 549.

 

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