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Musammat Amirmai, Minor, Through Her Father and Next Friend Piar Mohamed Vs. the Secretary of State for Indian in Council and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in58Ind.Cas.445
AppellantMusammat Amirmai, Minor, Through Her Father and Next Friend Piar Mohamed
RespondentThe Secretary of State for Indian in Council and ors.
Excerpt:
civil procedure code (act of 1908), order xxxiii, rules 5, 6 - application to sue as pauper by next friend of minor--next friend not pauper--procedure. - 1. we think in this case that the learned judge is in error in rejecting the application as he has done. the order which he has passed is an order passed under order xxiii, rule 5, civil procedure code. in our view, he ought to have proceeded under rule 6 of the same order. we accordingly set aside big order and send the case back to him for disposal in accordance with the above observations.
Judgment:

1. We think in this case that the learned Judge is in error in rejecting the application as he has done. The order which he has passed is an order passed under Order XXIII, Rule 5, Civil Procedure Code. In our view, he ought to have proceeded under Rule 6 of the same Order. We accordingly set aside big order and send the case back to him for disposal in accordance with the above observations.


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