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1960 Supreme(Cal) 86

S.K.SEN, N.K.SEN
HANUFA BIBI – Appellant
Versus
MOKSHED ALI MONDAL – Respondent


Advocates Appeared:
Amar Nath Roy Choudhury, BENOY BEHARI SEN, MANAN KUMAR GHOSH

S. K. SEN, J.

( 1 ) THIS revisional application is directed against an order of the learned Subordinate Judge, 7th Court, Alipore dated 29th June, 1959 by which he appointed Lal Baivu Bibi, Opposite Party No. 2, as next friend of the plaintiff-petitioner Hanufa Bibi in the divorce suit, being title suit No. 10 of 1957, instituted by her against opposite party No. 11 Mokshad Ali Mondal, and a subsequent order of the learned Subordinate Judge dated 24th November 1959 by which he rejected the petition of the plaintiff-petitioner for review of the earlier order appointing her mother Lal Banu as her next friend, Originally the suit was filed on 1st February 1957 by the petitioner, represented by her paternal uncle Mansur Ali Mondal, and therein it was stated that the then age of the petitioner was 13 years. Accordingly, at the time when the mother Lal Banu, after having been appointed certificated guardian under the Guardians and Wards Act, applied to the Court for being substituted as next friend of her daughter -- the plaintiff-petitioner -- in place of her paternal uncle, the petitioner was over 15 years of age and therefore she had attained majority according to Muslim law.

( 2 )





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