In Brief
This appeal concerns whether an elder brother could represent his minor brother as a 'next friend' in a property dispute suit, given that their father (the natural guardian) had adverse interests in the case. The High Court had dismissed the suit on grounds that only the father could represent the minor. The Supreme Court allowed the appeal, holding that a next friend under the Code of Civil Procedure is a distinct concept from a 'guardian' under the Hindu Guardianship Act. When a natural guardian has adverse interests against a minor, any qualified person without conflicting interests may act as next friend without formal court appointment. The Court clarified that such procedural requirements need not be strictly followed in the absence of prejudice to the minor, and remitted the case to the High Court for fresh decision on merits."
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