Suit filed by minor without next Friend Guardian as she was major as on date of suit
R.Manivasagan
(Querist) 17 November 2010
This query is : Resolved
Sir,
Our Opponents filed a suit for partition against our client in the year 1995 as if the plaintiff was major and mentioned her age as 19 years, whereas the Plaintiff herself filed her Transfer Certificate in the year 2008 at the time of Trial, which shows the date of birth was 02.06.1979. As per their document she was minor as on 1995. now the suit is posted for Arguments after completion of Trial. sir, now my question is
1. Whether the suit is maintainable without following the mandatory provisions of Order 32 Rule?
2. Shall I file a petition under Order 32 Rule 2 CPC to Takeoff the suit from the file even in the Argument stage or it has any time limit to file my application?
3. Whether the mistake committed by the Plaintiff is curable one at any Stage?
Please clarify me with a latest Judgments.
Thanks in advance.
adv. rajeev ( rajoo )
(Expert) 17 November 2010
The mistake made by the plaintiff is not curable. The procedure is not followed so suit itself is not maintainable. It can be argued or take a chance by filing an application u/o 32 r 2. There is no limitation.
R.Manivasagan
(Querist) 17 November 2010
Thank you sir. I had already filed an Application under Order 32 rule 2 (1) (2) of
CPC and sought for the relief to Taken off the suit and the same is pending and the presiding officer directed me to argue the main suit along with that Application.
s.subramanian
(Expert) 18 November 2010
Now that the plaintiff is a major,the court may not take a serious note of this defect or suppression. Therefore it would be better for you to concentrate on the merits of your defence than depending on these techincal defects,which are curable.
