BUDHILAL MONJI Vs. MORARJI PREMJI
HIGH COURT OF BOMBAY
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Jenkins, J. -
(1.) THIS appeal arises out of a suit instituted in the name of a minor, Budhilal Manji. by his next friend Shamji Mulji
(2.) BY an order of the 8th of April 1905 the name of Shamji Mulji was removed and that of Bai Radhabai was substituted as next friend, but this was expressed to be without prejudice to the contention of defendants 1 and 2 that the suit as originally framed was bad under Section 440 of the Civil Procedure Code. This saving clause refers to the last para of Section 440, which provides that: - -Every suit by a minor shall be instituted in his name by an adult person, who in such suit shall be called the next friend of the minor, and may be ordered to pay any costs in the suit as if he were the plaintiff:
(3.) THE defendant's contention is that by the will of Manji Jivraj, the minor's father, Bai Panbai was appointed the minor's guardian, and that as the provisions of the section have not been observed this suit should be dismissed.;
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