MAHABIR PARSHAD Vs. MOHIT AND OTHERS

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 01.08.2016 passed by the learned Civil Judge (Jr. Division), Narnaul, whereby the application moved by the respondent no. 7-Dinesh Kumar under Order 32, Rule 3 of the Code of Civil Procedure, 1908 (for short C.P.C.) for appointing him as next friend of minor plaintiff-Mohit and to pursue the suit has been allowed.

(2.) Learned counsel for the petitioner contended that respondent no. 7-Dinesh Kumar is the maternal uncle of minor plaintiff-Mohit. Whereas, petitioner Mahabir Parshad is the father of the minor plaintiff. He contended that the petitioner being the father of the minor plaintiff is his natural guardian. He further contended that in the presence of the natural guardian, respondent no. 7-Dinesh Kumar his maternal uncle cannot be appointed as the next friend of the minor. Thus, he contended that the application filed by respondent no. 7 has been wrongly allowed by the learned trial Court.

(3.) I have duly considered the aforesaid contentions.