BUDHILAL MONJI Vs. MORARJI PREMJI

JUDGEMENT

(1.) This appeal arises out of a suit instituted in the name of a minor, Budhilal Manji. by his next friend Shamji Mulji

(2.) By an order of the 8 of April 1905 the name of Shamji Mulji was removed and that of Bai Radhabai was substituted as next friend, but this was expressed to be without prejudice to the contention of defendants 1 and 2 that the suit as originally framed was bad under Section 440 of the Civil Procedure Code.

(3.) This saving clause refers to the last para of Section 440, which provides that:--Every suit by a minor shall be instituted in his name by an adult person, who in such suit shall be called the next friend of the minor, and may be ordered to pay any costs in the suit as if he were the plaintiff: