LAWS(PAT)-1948-3-9

KAMAKSHYA NARAIN SINGH BAHADUR Vs. BALDEO SAHAI

Decided On March 10, 1948
KAMAKSHYA NARAIN SINGH BAHADUR Appellant
V/S
BALDEO SAHAI Respondents

JUDGEMENT

(1.) The question which has been referred to this Full Bench is:

(2.) I understand that the case in which this reference baa been made was one of alleged negligence on the part of the minor plaintiff's next friend, and I presume, therefore, that an answer is required both as regards a person who alleges gross negligence on the part of his nest friend when he was a minor plaintiff and as regards a person who alleges gross negligence on the part of his guardian-ad-litem when he was a minor defendant.

(3.) In a recent case decided by Agarwala C. J. and myself (Second Appeal no. 7 of 1946 decided on 4th January 1948) I said;