Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

Practice Mode:
78.

A suit through 'next friend' can be filed by :

A: minor
B: a lunatic
C: both (a) & (b)
D: none of the above.

The answer is: C

Explanation

The correct option is C: both (a) & (b).

A suit through 'next friend' can be filed by a minor or a lunatic, who are not capable of protecting their own interests in a legal proceeding. A next friend is a person who acts on behalf of such a person without being a party to the suit or having any adverse interest to the person he or she represents. A next friend is different from a guardian, who is appointed by the court for a minor defendant.

A minor or a lunatic can claim partition of a joint family property by filing a suit through a next friend, but the court has to ensure that the suit is for the benefit of the minor or the lunatic.