RAMAUTAR Vs. BALBIR AND ORS.

JUDGEMENT

(1.) THIS is a revision petition under Section 115, Code of Civil Procedure, by Ram Avtar Plaintiff, against the order dated January 1, 1973, of the Subordinate Judge First Class, Narnaul, whereby he decided that the Plaintiff was a major - at the time of institution of the suit and he rejected the application for amendment of the plaint.

(2.) THE facts of this case are that Ram Avtar Petitioner is owner of land measuring 7 kanals 16 marlas fully described in the heading of the plaint and situated in the area of village Dohar Kalan, Tehsil Narnaul, District Mohindergarh. This land was under mortgage with Balbir and others, for a sum of Rs. 290. Bihari, son of Ganga Sahai, filed suit as next friend of Ram Avtar Plaintiff for redemption of this land against Balbir and others, who are Respondents -Defendants. It was alleged in the plaint that Ram Avtar was a minor. The Defendants in their written statements alleged that Ram Avtar Plaintiff was not a minor and, therefore, the suit should be dismissed. Ram Avtar Plaintiff, made an "application under Order XXXII Rule 12, Code of Civil Procedure, on August 24, 1971, alleging that he was a minor at the time of the institution of the suit and his date of birth was May 5, 1953 and that during the pendency of the suit, he became major and therefore, it was prayed that his next friend Shri Bihari may be discharged and he may be permitted to proceed with the case in his own name and that he may be permitted to make the necessary corrections in the plaint. This application was contested by the Defendants. On the pleadings of the parties, the following preliminary issues were framed by the trial Court:

(3.) ORDER XXXII Rules 12(1) and 12(2) of the Code lay down that a minor shall, on attaining majority, elect whether he will proceed with the suit or application and if he elects to proceed with the suit or application, he shall apply for an order discharging the next friend and for leave to proceed in his own right.