APCRPCO Section 172 : Plaint or Original Petition on Behalf of Minor

Explanation using Example

Example 1: Filing a Suit on Behalf of a Minor

Introduction: Ramesh, a 15-year-old, is involved in a property dispute. His uncle, Suresh, wishes to file a suit on his behalf as Ramesh's next friend.

Application: According to Rule 172 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Suresh must file an affidavit from a disinterested person. This affidavit should confirm that Suresh has no adverse interest in the property, is not a defendant, and is suitable to act as Ramesh's next friend.

Outcome: If Suresh complies with these requirements, the court will accept the plaint. Non-compliance could result in the rejection of the plaint, delaying the legal process.

Conclusion: Compliance ensures that Ramesh's interests are protected, and the suit proceeds without unnecessary delays.

Example 2: Suit Involving a Person with Disability

Introduction: Priya, who has a cognitive disability, needs to file a suit regarding a breach of contract. Her friend, Anjali, offers to act as her next friend.

Application: Under Rule 172, Anjali must provide an affidavit from a neutral party stating that she has no conflicting interest, is not a party to the suit, and is fit to represent Priya.

Outcome: If Anjali fails to submit the affidavit, the court may question her suitability, potentially leading to delays or dismissal of the case.

Conclusion: By adhering to the rule, Anjali ensures Priya's case is heard, safeguarding her legal rights.

Example 3: Procedural Challenges in Filing

Introduction: A minor, Arjun, is involved in a legal dispute over inheritance. His guardian, Meena, intends to file a petition on his behalf.

Application: Meena must secure an affidavit from a third party affirming her lack of adverse interest and suitability as Arjun's next friend, as per Rule 172.

Outcome: Delays in obtaining the affidavit could postpone the filing, affecting Arjun's claim to the inheritance.

Conclusion: Timely compliance with procedural requirements is crucial to avoid hindering Arjun's legal proceedings.

Example 4: Special Circumstances for Homeless Individuals

Introduction: Ravi, a homeless minor, needs to file a suit for wrongful eviction. His social worker, Tara, steps in as his next friend.

Application: Tara must file an affidavit from a disinterested person, confirming her suitability and lack of adverse interest, as required by Rule 172.

Outcome: If Tara fulfills these requirements, Ravi's case can proceed, ensuring his rights are addressed despite his homelessness.

Conclusion: The rule accommodates Ravi's situation, allowing him access to legal remedies through Tara's representation.