FATIMA ABDUL REHMAN OMER Vs. SALAM MOIN ZAFAR

JUDGEMENT

(1.) BY this notice of motion, the defendants pray that the suit as filed by the next friend on behalf of the plaintiff Mrs. Fatima Abdul Rehman Omer, be dismissed on the ground that the next friend Ashfaque abdul Rehman Omer is incompetent to pursue the suit on account of the fact that he is staying outside India and also because he has adverse interest to that of the plaintiff.

(2.) THE present suit has been filed through the next friend Ashfaque Abdul rehman Omer on the assertion that Mrs. Fatima Abdul Rehman Omer Plaintiff, is of unsound mind being incapable by reason of mental infirmity, due to her old age, of protecting her interest when suing or being sued.

(3.) I shall first deal with the argument regarding the incompetency of Ashfaque abdul Rehman Omer to pursue the suit as a next friend of plaintiff on account of the fact that he is resident of USA and staying outside India, Counsel for the defendants has placed reliance on the provisions of Order 32, Rule 4 r/w. Rule 9 of CPC. to contend that only persons who are residents of india are qualified to prosecute the matters as next friend on behalf of the minor or person of unsound mind in any proceedings before the Courts in India. This submission is countered by Mr. Tulzapurkar appearing on behalf of the next friend of the plaintiff.