In Brief
Two brothers filed a property suit claiming 2/3 share. The younger brother was a minor at filing, represented by the elder as next friend. The trial court dismissed the suit, but the first appellate court allowed it. The High Court set aside this on the ground that the elder brother was not a court-appointed guardian and the natural guardian (their father) should have represented the minor. The Supreme Court held that Order XXXII of the CPC allows a minor to be represented by any qualified next friend without formal court appointment, distinct from 'guardian' under the Hindu Guardianship Act. Since the father had adverse interest (he sold the property), the elder brother could properly represent the minor. The Court allowed the appeal and remitted the matter to the High Court for decision on merits.
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