ARUN KUMAR TAYAL Vs. JAVED MALIK

JUDGEMENT

(1.) Heard learned counsel for the petitioner at length.

(2.) Respondent no.1-Javed Malik has filed O.S. No.825 of 1998 against the petitioner and proforma no.2. In the suit plaintiff described himself as aged about 22 years. However, in his statement under order 10 Rule 2 CPC he stated that he was born in the year 1979 meaning that he was of 19 years of age at the time of institution of the suit.

(3.) Permission to sell the property of plaintiff when he was less than 18 years of age had been granted to his father, hence by virtue of Section 3 of the Majority Act, 1875 as it stood at the relevant time he would be deemed to have become major at the age of the 21 years. (Suit is also in respect of the same property regarding which permission was granted earlier by the Court in favour of the father of the petitioner to sell the same).