section 18
Minor may be a party. Power to add parties. Procedure in case of death of party.
The Mamlatdar's Courts Act, 1906Civil190627 sections
Statutory text
- (1) A minor may use or be used if he is represented by a natural or duly appointed guardian.
- (2) Power to add parties.- The Mamlatdar may at any stage of the proceedings, order that the name of any person to whom possession or enjoyment of the property or use claimed, or of any part thereof, may have been transferred, or the addition of who as a party appears necessary in order to enable the Court effectually and completely to adjudicate upon the issues be added as a plaintiff or defendant, as the circumstances of the case may require : Provided that no person shall be added as a plaintiff without his consent : Provided also that in respect of any person so added, not being a transferee pending the suit, the suit shall for the purposes of section 5, sub-section (3), be deemed to have been instituted on the day when his name was so added.
- (3) Procedure in case of death of party.- In case of the death of any party while the suit is pending,-
- (i) if application is made within one month of such death the Mamlatdar shall determine summarily who is the legal representative of the deceased party and shall enter on the record the name of such representative ;
- (ii) if no such application is made, the suit shall abate.
- (4) Where the Mamlatdar orders the name of any person to be added as a defendant or enters on the record the name of any person as the legal representative of a deceased defendant, the Mamlatdar shall issue to such person a notice as provided in section 14; and the trial shall proceed on the date fixed in such notice.
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