No necessary permission required to institute a suit by the “next friend”: SC

Published on 16 Jan 2018 by Tushar

Image Courtesy- edelmanfinancial.com

The supreme court bench of Justice Mishra and Justice Shantanagoudar, recently, set aside the judgment of the Karnataka high court who had dismissed the suit of a minor filed on behalf of his elder brother on that grounds that he cannot be  the guardian of the minor when the father is alive.

SC clarified the term ‘next friend’ in respect of various provisions of civil procedure code and observed that the ‘next friend’ cannot be necessarily appointed by the court as per hindu guardianship act. Therefore, anyone who files a suit in the interest of such minor is the ‘next friend’ who does not require prior permission of the court to do the same.


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