P&H: Rejects Challenge to Sister’s Appointment as Next Friend

punjab-haryana
⚖️ Order Date: 13 Oct 2026
Headnotes

(i) Constitution of India, Article 227 — Writ — Next friend of person alleged to be of unsound mind — Mere assertion that proposed next friend is person’s sister or sole surviving legal heir does not, by itself, establish that her interests are adverse to...

(ii) Constitution of India, Article 227 — Writ — Plaintiff cannot be non-suited on speculative premise that next friend has an interest adverse to his own when no such conflict is substantiated from material on record, and  validity and legal effect of challenged instrument require...


Facts of the Case

P&H: Rejects Challenge to Sister’s Appointment as Next Friend

The Punjab and Haryana High Court has dismissed a civil revision petition challenging the appointment of Bedo as next friend for her brother, Raghu Nath, who is alleged to be of unsound mind. Justice Virinder Aggarwal held that her status as his sister and sole surviving legal heir did not, by itself, establish that her interests conflicted with his.

Uttam Singh, the petitioner, argued that Bedo should not represent Raghu Nath because she was his sole legal heir and therefore had an interest adverse to his welfare. He also said Raghu Nath had executed a transfer deed in his favour...

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