Wali Mohammad Khan vs Ishak Ali. Khan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1931 Supreme(All) 78

Wali Mohammad Khan – Appellant
Versus
Ishak Ali. Khan – Respondent

ORDER

Sulaiman and Young, JJ. - The present suit for pre-emption was instituted by Wali Mahammad Khan alleged to be 17 years and 11 months old, under the guardianship of his mother (presumably stepmother). The defendants did not challenge the fact of the minority of the plaintiff; but a rival pre-emptor did so. The plaintiff when questioned stated that his father and mother had died when he was still a child and he did not know his correct age. The trial Court while discussing which course was preferable for Wali Mohammad, either to file the suit as major or through his next friend remarked:

In my opinion the course adopted by him was the proper one. It has not done any harm if in such a doubtful case it was (he has) chosen to file the suit through his next friend. He has himself been prosecuting his suit and has also made his statement as a witness. If he (be) major, he himself understands his interest and if (not) he is represented by his next friend.

It accordingly disallowed the objection.

2. The appellate Court without giving any specific reasons beyond remarking that the appeals could not be properly disposed of without a finding on the question of minority sent that issue for a

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