AIR 1933 NAGPUR 85

Nagpur High Court

Hon'ble Judge(s): Grille , J

(A) C.P. Court of Wards Act (1899) , S.33, S.27— Suit by ward with Court of Wards as next friend-Ward dying - Court of Wards continuing suit is in position of legal representative and not of next friend and can carry on suit-Court of Wards need not act through manager Civil P.C. (5 of 1908) , S.2(11)— It is no doubt true that neither the next friend nor a guardian ad litem is a party to the suit and cannot become a party on the death of the minor or that person under legal infirmity but the position of the Court of Wards after the death of the ward in respect of a suit by the ward is not that of a person acting as the nest friend attempting to pursue the suit when the next friend dies, but the position of a person acting as a legal representative of the deceased. The Court of Wards represents no particular ward in the administration of the estate but administers the estate on its own authority and being a person who in law represents the estate of the deceased as it does by the order of the Local Government, falls within the definition of a legal representative in S. 2 (11), Civil P. C. The Court of Wards, therefore, is fully entitled to carry on the suit in its own name. In such a case the property is no longer a ward's property and the Court of Wards acting on its own authority and not in the capacity of the next friend is under no obligatio....