Rule 12 of CPC : Rule 12: Course to be followed by minor plaintiff or applicant on attaining majority.

Explanation using Example

Example 1:

Scenario: Ramesh, a minor, files a lawsuit through his uncle, Suresh, as his next friend, seeking compensation for an injury caused by a negligent driver.

Details:

• Ramesh is 17 years old when the lawsuit is filed.
• The case is still pending when Ramesh turns 18 and attains majority.

Application of Rule 12:

1. Election to Proceed: Upon turning 18, Ramesh decides to continue with the lawsuit.
2. Application for Order: Ramesh applies to the court for an order to discharge his uncle, Suresh, as his next friend and seeks permission to proceed in his own name.
3. Correction of Title: The title of the lawsuit is corrected to read: "Ramesh, late a minor by Suresh, his next friend, but now having attained majority."
4. Court Notice: The court issues a notice to Suresh about the discharge order.
5. Proceeding in Own Name: Ramesh continues the lawsuit in his own name.

Example 2:

Scenario: Priya, a minor, has an application pending in court for the partition of family property, filed through her mother, Meena, as her next friend.

Details:

• Priya is 16 years old when the application is filed.
• The application is still pending when Priya turns 18 and attains majority.

Application of Rule 12:

1. Election to Abandon: Upon turning 18, Priya decides to abandon the application.
2. **A...

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