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Whether the next friend of a lunatic requires permission of the Court to file a suit for declaration?

An eligible next friend may institute the suit in the name of the person requiring representation without a separate formal appointment or permission to act as next friend.…

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Whether the next friend of a lunatic requires permission of the Court to file a suit for declaration?

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An eligible next friend may institute the suit in the name of the person requiring representation without a separate formal appointment or permission to act as next friend. This differs from appointment of a guardian for a defendant. Order XXXII rule 15 still requires the court to ascertain incapacity where it has not already been adjudged, so absence of separate leave does not dispense with that inquiry.

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