The High Court dismissed the writ petition challenging the appointment of a next friend by a Civil Judge. The court felt no inclination to interfere under Article 227. Contentions on merits were kept open for the suit.
The writ petition was disposed of without interference with the impugned order; contentions on merits kept open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Madkar
1 W.P. No. 12126-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
WRIT PETITION No. 12126 OF 2018
Hemlata W/o Ratan Waghmode… Petitioner
Versus
…
Shyamsundar S/o Shankarrao Parkhe Respondent
Mr. S.B. Khan, Advocate for petitioner
Coram : N.M. Jamdar, J. Date : 5 December 2018.
ORAL ORDER :
1.By this petition, the petitioner has challenged the order
passed below application Exhibit No. 24 in Regular Civil Suit No.
1482 of 2012 by the learned 5th Joint Civil Judge (Junior Division),
Aurangabad, dated 19 July 2017 appointing a person as the next
friend of the plaintiff.
2.The learned Civil Judge has observed that in the inquiry
held, evidence was led, doctor was examined and the certificate was
issued and thereafter the applicant therein was appointed as the next
Madkar 2 W.P. No. 12126-2018
friend. Considering the scope of Article 227 of the Constitution of
India, I am not inclined to interfere with this order.
3.The contentions of the petitioner regarding unsoundness
of the original plaintiff and if the appointment affects any of the
contentions of the petitioner on merits of this case, they are kept open
to be urged at the time of hearing of the suit.
4.The writ petition is accordingly disposed of.
N.M. Jamdar, J.
2 issues framed by the court
Whether the High Court should interfere under Article 227 of the Constitution of India with the order appointing a next friend in a civil suit.
Whether the petitioner's contentions regarding the unsoundness of mind of the original plaintiff should be decided at this stage.
1 provisions across 1 enactments
Hemlata W/o Ratan Waghmode
Shyamsundar S/o Shankarrao Parkhe
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court