Order on Board

05.10.2023 Heard.

1. Admit.

2. The petitioner has filed this petition against the orders dated 19.03.2021 and

18.08.2021 passed by the IInd Civil Judge Class-1, Baikunthpur, District Koriya (C.G.) in Civil Suit No. 43 A/2020, parties being Satendra Pal Singh & Others vs. Amarjeet Kaur & Others, whereby an application moved by the petitioner/plaintiff No. 3 under Order 32 Rule 12 of CPC and another under Order 18 Rule 17 (A) of CPC were rejected and thereafter an application moved under Section 151 of CPC for review was also rejected.

3. The facts of the present case are that a civil suit was filed by the petitioner and two other plaintiffs for partition. The petitioner was minor at that time; therefore, the suit was instituted through the next friend of the petitioner. The written statement along with the counter claim was filed. The date of birth of the petitioner is 01.01.2003 and during the pendency of the civil suit, he attained majority on 01.01.2021, therefore, the application under Order 32 Rule 12 of CPC seeking permission to pursue his case independently and to remove the next friend was moved on 01.03.2021. The respondents filed reply to such application stating