BUDHILAL MONJI Vs. MORARJI PREMJI

JUDGEMENT

(1.) THIS appeal arises out of a suit instituted in the name of a minor, Budhilal Manji. by his next friend Shamji Mulji

(2.) BY an order of the 8th of April 1905 the name of Shamji Mulji was removed and that of Bai Radhabai was substituted as next friend, but this was expressed to be without prejudice to the contention of defendants 1 and 2 that the suit as originally framed was bad under Section 440 of the Civil Procedure Code.

(3.) THE defendant's contention is that by the will of Manji Jivraj, the minor's father, Bai Panbai was appointed the minor's guardian, and that as the provisions of the section have not been observed this suit should be dismissed.