1981 Supreme(MP) 132

G. P. Singh, C. J.
C. Revn. No. 1317 of 1980 (J): Decided on 23-2-1981.

Headnote:Civil P. C. 1908 -- O. 32, R 12 -- application under -- duty of Court -- what is -- minor plaintiff attaining majority during pendency of suit -- such plaintiff also electing to proceed with the suit -- next friend should be discharged.

        This revision is directed against an order dated 31st July 1980 passed by the Additional Civil Judge Class II. Bemetara, refusing to stay the suit.

        Held : One of the plaintiffs Bhanu Pratap Singh was minor on the date of the institution of the suit in which this revision arises, 1st July 1980 was the dale fixed for evidence. An application was fixed by the counsel for the plaintiff that plaintiff No. 1 had become major and the proceedings in the suit be stayed. This application is said to have teen made under Order 32, rule 12, Code of Civil Procedure. Rule 12 provides that a minor plaintiff shall, on attaining majority, elect whether he will proceed with tile suit and where he elects to proceed with the suit, he shall apply for an order discharging the next friend and for leave to proceed in his own name. The application made for adjournment of the case by the counsel for the plaintiffs was rejected and as the counsel refused to examine witnesses and sought time for filing a revision, the plaintiffs case closed. In my opinion, when it was brought to the notice of the trial Court that the plaintiff No. 1 had attained majority during the pendency of the suit, he ought to have adjourned the suit for ascertaining whether the said plaintiff elected to proceed with the suit or not. Such a statement could not have been made by the counsel presumably for the reason that he had obtained the power from the guardian. The counsel, therefore, wanted to take further instructions in the matter. In such a situation, the Court should have adjourned the proceedings. Shri Khaskalam, who appears, before me for the plaintiff who has become major, states that the said plaintiff· has elected to proceed with the suit. The trial Court will discharge the next friend and get the cause title amended as required under subd`rule (3) of rule 12. Revision allowed.