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Venkatramanbhat Shankarbhat Vs. Padmanabh Parambhat - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Case Number Second Appeal No. 170 of 1909
Judge
Reported in(1912)14BOMLR393
AppellantVenkatramanbhat Shankarbhat
RespondentPadmanabh Parambhat
Excerpt:
.....guardian protecting the interests of the minor to sue on such contracts on his behalf- when such a suit is brought it is the duty of the court to entertain it and dispose of it according to law and not on grounds of expediency, real or supposed. if the court refuses to give relief on the ground that the suit can be brought by the minor after he has arrived at the age of majority, then the minor's interests may be seriously prejudiced by reason of important evidence disappearing by the time the suit is brought. - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from togo to west coast india - dispute arose between parties - under agreement, respondent had..........guardian protecting the interests of the minor to sue on such contracts on his behalf when such a suit is brought it is the duty of the court the entertain it and dispose of it according to law and not 0n grounds of expediency, real or supposed. if the court refuse to give relief on the ground that the suit can be brought by the minor after he has arrived at the age of majority, then the minor's interests may be seriously prejudiced by reason o important evidence disappearing by the time the suit is brought in any case, the law allowing such suits to be brought on the minor's behalf, we must reverse the decree and remand the appeal for disposal by the district court according to law.2. the appellant must have his costs of this appeal.3. other costs to be costs in the appeal in the lower.....
Judgment:

Chandavarkar, J.

1. The learned District Judge has clear erred in law in holding that because it is competent for the minor either to disaffirm or to affirm the contract when he arrives at the age of majority, therefore, it is advisable to dismiss the present suit. The District Judge allows that as matter of law the suit must be entertained, but on the ground mentioned he has non-suited the plaintiff. It is true that it is open to the minor to either affirm or disaffirm a contract entered into by his guardian but not binding upon him, but a the same time it is the right of the guardian protecting the interests of the minor to sue on such contracts on his behalf when such a suit is brought it is the duty of the Court the entertain it and dispose of it according to law and not 0n grounds of expediency, real or supposed. If the Court refuse to give relief on the ground that the suit can be brought by the minor after he has arrived at the age of majority, then the minor's interests may be seriously prejudiced by reason o important evidence disappearing by the time the suit is brought In any case, the law allowing such suits to be brought on the minor's behalf, we must reverse the decree and remand the appeal for disposal by the District Court according to law.

2. The appellant must have his costs of this appeal.

3. Other costs to be costs in the appeal in the lower Court.


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