AMBRISH KUMAR TIWARI Vs. SITA RAM JHALANI

JUDGEMENT

(1.) The issue in the present revision is narrowed down to whether the provisions of Order 32 Rule 12, CPC which apply to minor plaintiff can be made applicable to minor defen-dant also?

(2.) A few relevant facts leading to this proceeding need be noted at the outset to highlight the nature of controversy posed for my consideration.

(3.) A suit for specific performance, declaration and possession in respect of suit property was filed in the trial Court by the plaintiff non-petitioner No. 1 (for short the plaintiff) against the defendant petitioner (for short defendant) and defendants non-petitioners Nos. 1 to 13 (for short the other defendants'). The defendant was minor at the time of institution of the suit and as per the plaint notices were sent to the defendant through his natural mother Smt. Savitri Devi. However, in para 13 of the plaint it was averred that the defendant was sued through Rameswar Dayal Advocate (other defendant No. 14) as he was stated to be guardian of the defendant who was minor.