GOPAL DASS Vs. TEJ SINGH

JUDGEMENT

(1.) Instant revision has been filed against the order impugned dated 18-9-95 passed in Civil Suit No. 111/93 whereby the application of defendant-revisionist filed under O. 32, R. 12 read with Sec. 151, C.P.C. was rejected on the basis of reply filed by the counsel of next friend Heeralal.

(2.) Main thrust of the argument of the learned Counsel for the revisionist before me is that minor Tej Singh attained majority in the year 1985, therefore, after attaining majority his next friend Heeralal has become functus officio and counsel engaged by him cannot be permitted to make an application on behalf of Tej Singh alleging therein that the minor after attaining majority intends to continue the suit. According to Shri Dave, learned Counsel for the revisionist the counsel engaged in the present case by Shri Heeralal next friend of Tej Singh who admittedly attained majority during the pendency of the suit cannot ipso facto become the counsel of Tej Singh.

(3.) It is also brought to my notice that when ten years after attaining majority nothing was done by Tej Singh then in order to avoid legal complications the defendant himself moved an application to make the record straight after ascertaining the wishes and intendment of Tej Singh as to whether he elects to proceed with the suit or intends to abandon it after attaining majority. It is urged by Shri Dave that his aforesaid application was rejected without giving an opportunity of hearing to defendant-revisionist that too on the basis of reply filed by the next friend Heeralal through his counsel.