NAGAIAH Vs. CHOWDAMMA (DEAD) BY LRS.

JUDGEMENT

(1.) Minor to sue by next friend.-Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor. 18[Explanation: In this Order, "minor" means a person who has not attained his majority within the meaning of Section 3 of the Indian Majority Act, 1875 (9 of 1875), where the suit relates to any of the matters mentioned in clauses (a) and (b) of Section 2 of that Act or to any other matter.]

(2.) Where suit is instituted without next friend, plaint to be taken off the file.(1) Where a suit is instituted by or on behalf of a minor without a next friend, the defendant may apply to have the plaint taken off the file, with costs to be paid by the pleader or other person by whom it was presented.

(3.) Qualifications to be a next friend or guardian.(1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit: