VidhiSangh

Supreme Court of India · 08/01/2018

NAGAIAH AND ANOTHER versus SMT. CHOWDAMMA (DEAD) BY LRS. AND ANOTHER

[2018] 1 S.C.R. 126 · 2018 INSC 6

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The High Court rejected a minor’s property suit because his elder brother, who acted as next friend, was not a formally appointed guardian while their father lived. The Court distinguished litigation representation under Order XXXII from substantive guardianship, upheld the brother’s representation where the father had adverse interests, and remanded for a merits decision.

Issues

  1. Whether an eligible elder brother could institute a minor’s suit as next friend without formal guardianship appointment, and whether later continuation after majority preserved the action.

Provisions considered

Held

Result

Appeal allowed to the stated extent; High Court judgment set aside and matter remanded for fresh decision on merits, without costs.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 126.