LAWS(KER)-2022-3-104

KRISHNA MOORTHY RAO Vs. S.BHANUMATHI @ LAKSHMI

Decided On March 08, 2022
Krishna Moorthy Rao Appellant
V/S
S.Bhanumathi @ Lakshmi Respondents

JUDGEMENT

(1.) The defendant in O.S.No.172/2016 pending before the Munsiff Court, Punalur, has filed this Original Petition under Article 227 of the Constitution of India challenging a common order in I.A.Nos.1 and 2 of 2020 dtd. 29/7/2021 in the above Suit.

(2.) A pertinent question arose for consideration herein is: whether a Suit filed by a minor without a next friend shall be taken off the file or the same is a curable irregularity and thereby the minor can go on with the Suit after amending the Suit and appointing a next friend, on detecting the defect?

(3.) Heard Advocate B.Krishna Mani, the learned counsel for the petitioner as well as Advocate Joby Cyriac, the learnedst counsel appearing for the respondents in detail.