PRADIP KUMAR SAHA Vs. LAKSMI NARAYAN DUTTA

JUDGEMENT

(1.) This re-visional application under Section 115 of the Code of Civil Procedure has been filed by the petitioner, Pradip Kumar Sana, alleged to be a minor represented by his natural guardian father, against an order passed by the learned Judge, City Civil Court, Calcutta in Ejectment Suit No. 281 of 1975 refusing to allow the petitioner to be represented by his father.

(2.) The relevant facts in this case are simple. The plaintiff Lakshmi Narayan Dutt, a lunatic represented by his next friend and wife Parul Dutta filed the ejectment suit against the defendant on the allegation that he was the tenant in respect of the suit premises. The defendant was described as major. On several occasions processes were issued, but it appears that on one occasion the service return was to the effect that Pradip Kumar Saha was a minor. However, Maheswar Prasad Saha appeared in the suit representing Pradip Kumar Saha on the allegation that the said Pradip Kumar was a minor and that the said minor requires to be represented by him, his natural guardian, the father. It was objected to by the plaintiff. Certain documents were filed, but without taking any evidence the learned Judge held that the defendant was described as a major and had no locus standi to be represented by his natural guardian on the allegation that he was a minor. Moreover, it was stated that the plaintiff filed the suit at his own risk. The application filed by Maheswar Prasad for representation of the minor was rejected. Against that order the present application has been filed by the defendant represented by Maheswar Prasad Saha.

(3.) We have heard Mr. Ghosh, the learned Advocate appearing on behalf of the petitioner and Mr. Dutt on behalf of the opposite party. The contention of Mr. Gnash is that when there was a petition filed on behalf of the defendant on the allegation that he was a minor and that when according to law his representation through guardian was essential, the Court ought to have made an enquiry into the matter and ascertained whether in fact the defendant was a minor or not.