Rule 5 of CPC : Rule 5: Representation of minor by next friend or guardian for the suit.

CPC

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Explanation using Example

Example 1:

Scenario: A minor named Rohan, aged 15, is involved in a property dispute where his share of ancestral property is being contested by his uncle.

Application: Rohan's mother, as his next friend, files an application in the court on behalf of Rohan to claim his rightful share of the property.

Court's Action: The court accepts the application because it is made by Rohan's next friend, his mother, as required by Rule 5 of Order XXXII of The Code of Civil Procedure, 1908.

Outcome: The court proceeds with the case, ensuring that Rohan's interests are represented by his mother throughout the legal proceedings.

Example 2:

Scenario: A minor named Priya, aged 12, is involved in a lawsuit where she is being sued for damages caused by an accident.

Application: Priya's father, acting as her guardian for the suit, files an application to defend Priya in the court.

Court's Action: The court acknowledges the application because it is made by Priya's guardian for the suit...

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