1985 Supreme(AP) 412

Andhra Pradesh High Court
Judges : P.KODANDA RAMAYYA
P. Ravi @ Ramamohana Rao - Appellant
Versus
P. Venugopala Rao - Respondent
C.R.P.No.962/84
Decided On : 10-31-85
Advocates Appeared :
Mr. G. Dharma Rao, Mr. T. Veerabhadrayya

Headnote:CIVIL PROCFDURE CODE, Order 32 Rules 9 and 12 and limitation Act, Art 137 - Application of minor after attaining majority to declare him as a major to continue the suit - Dismissed on - mere quoting of wrong provision of law - Not sustainable - Such application is not governed by Art 137

       Held: Once the allc9ations in the affidavit disclose that the petitioner wanted to continue the proceedings as he has become major the relief is not for the removal of next friend on the ground of misconduct as contemplated under Order 32, Rule 9 CPC The mere quoting of a wrong provision should not be fatal The Court should have treated the application as one under Order 32 Rule 12 CPC

       In this case, the petitioner who was a miner represented by the guardian having attained majority is entitled to request the Court to permit him to continue the suit as major and hence Art 137 has no application It is well settled that Art 137 will not apply to applications which the Court has no discretion to refuse or when the Court is bound to comply with the request made

       CRP Allowed