Fernando vs Fernando – clr volume 2 page 082_1

The case between Harmanis Fernando (applicant) and respondents pertains to the appointment of a next friend for two minor brothers for the purpose of recovering possession of land and claiming damages. The court considered whether, under Chapter XXXV of the Civil Procedure Code, an application for appointment as next friend can be entertained absent a plaint, and whether it is appropriate to expose minors to litigation concerning an entire land where the applicant holds only a partial share. It was determined that the order appointing the applicant as next friend should be set aside due to procedural deficiencies and potential prejudice to the minors. The judgment reaffirms the principle that a next friend should only be appointed after due consideration of the minors’ interests and proper