MILIND SARAN Vs. VINAI KUMAR

JUDGEMENT

(1.) Milind Saran Kothiwal was a minor when the suit was instituted against him and others.

(2.) One Sri Ibne Haider Naqvi, Advocate, was his guardian-ad-litem and he filed a written statement. Milind Saran Kothiwal became a major during the pendency of the suit and made an application before the Court praying that the written statement by him should be cancelled and he should be permitted to file a fresh written statement. This application was rejected by the trial Court. The trial Court held that it will be open to the applicant to apply for amendment of the written statement already filed on his behalf in accordance with the provisions of O.VI, R.17, C.P.C. and he could not have the written statement already filed cancelled. 2A. It is against this order of the trial Court that this revision has been filed.

(3.) Sri Ravi Kiran Jain, the learned counsel for the applicant has contended that the applicant who has now become a major, is entitled, as a matter of law, to an order superseding the previous written statement and allowing him to file a fresh written statement.