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Civil Procedure Code Order 32 and Suits by or against Hindu Idol

By Rao Saheb Pranvallabhdas , H. E. Banatwala

Published In

Air 1949

The Civil Procedure Code makes provisions for the suits by minors and persons of unsound mind, but provides nothing about the suits by or against the Hindu Idol, which are so often coming before Courts. According to Hindu conception, the Idol is regarded as a living being having its own interest, apart from the interests of the worshippers. It is a juristic person of a peculiar type and is often compared with a minor. Undoubtedly there are some points of similarity between the two, such as their incapability of owning property and also of managing and protecting the flame. There is, however, a marked distinction in the legal status of both. It may be remembered that the Idol is an artificial person while a minor is a natural person. The Contract Act denies a contractual capacity to a minor but does not extend that incapacity to an Idol. The Limitation Act also exempts the minor from its operations but not the Idol. Under these circumstances, it requires to be considered, the ....

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