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Judgment
R. Narayana Pisharadi, J
This original petition is filed under Article 227 of the Constitution of India challenging Ext.P3 order passed by the Munsiff's Court, Varkala.
The petitioner herein filed an application before the trial court to appoint him as the next friend of the plaintiff in the suit O.S. No.302/2009. The
aforesaid application was dismissed by the trial court stating that the petitioner failed to comply with the provisions under Rule 212 of the Civil Rules of
Practice, Kerala. The trial court also observed that the petitioner did not even state in the application that he did not have any interest adverse to that
of the plaintiff. The petitioner has challenged the legality and propriety of the aforesaid order passed by the trial court.
Heard the learned counsel for the petitioner.
Learned counsel for the petitioner submitted that there was an omission on the part of the counsel who appeared for the petitioner in the lower
court to make a proper application with all necessary particulars. Learned counsel submits that he is ready to cure the defects in the application.
Considering the facts and circumstances of the case, I find that the petitioner can be granted liberty to file a fresh application for the same purpose.
Consequently, the original petition is disposed of as follows: The petitioner is granted liberty to file a fresh application in the trial court for
appointment of him as next friend of the plaintiff in the suit. If such application is filed within a period of one month from today, the trial court shall
consider such application on merits and dispose of it in accordance with law as expeditiously as possible.