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1997 Supreme(Raj) 302

SHIV KUMAR SHARMA
Ambrish Kumar Tiwari – Appellant
Versus
Sita Ram Jhalani – Respondent


Advocates Appeared:
N.K. Maloo, for Petitioner R.K. Agrawal, for Non-Petitioner No.1

Honble SHARMA, J.–The issue in the present revision is narrowed down to whether the provisions of Order 32, Rule 12 CPC which apply to minor plaintiff can be made applicable to minor defendant also ?

(2). A few relevant facts leading to this proceeding need be noted at the outset to highlight the nature of controversy posed for my consideration.

(3). A suit for specific performance, declaration and possession in respect of suit property was filed in the trial Court by the plaintiff non-petitioner No.1 (for short the plaintiff) against the defendant petitioner (for short defendant) and defendants non-petitioners No.1 to 13 (for short the other defendants). The defendant was minor at the time of institution of the suit and as per the plaint notices were sent to the defendant through his natural mother Smt. Savitri Devi. However, in para 13 of the plaint it was averred that the defendant was sued through Rameshwar Dayal Advocate (other defendant No.14) as he was stated to be guardian of the defendant who was minor.

(4). Other defendant Rameshwar Dayal, Advocate who himself was arrayed as defendant submitted written statement for himself and on behalf of the defendant jointly. Upon attain






































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