KANCHERLA KANAKAYYA Vs. MULPURU KOTAYYA

JUDGEMENT

(1.) The question in this appeal is whether the next friend of a minor can after obtaining a decree in the minor's favour transfer that decree to a third party without the leave of the Court.

(2.) A transfer involves an agreement between the transferor and the transferee, and under Order 32, Rule 7 every agreement by a next friend on behalf of a minor with reference to the suit in which he acts requires the leave, of the court.

(3.) There is no reason for reading the word "suit" in this rule as meaning only a suit in which a decree has not been passed.