Section 27 of The Central Provinces Court of Wards Act, 1899
In every suit brought by or against a Government ward, the manager of the ward's property or, if there is no manager, the Court of Wards having the superintendence of the ward's property shall be named as the next friend or guardian for the suit, as the case may be.
Summary
- Government wards do not participate in lawsuits in their own names.
- If a manager has been appointed for the property, that manager is named as the representative in court.
- If there is no manager, the Court of Wards itself is named as the representative.
- The representative is called a "next friend" if the ward is suing someone else.
- The representative is called a "guardian for the suit" if the ward is being sued.
Practical examples
FAQ
1. Can a ward represent themselves in court?
No, the law requires a manager or the Court of Wards to be named as the representative.
2. What is a "next friend"?
It is the title used for the person representing a ward who is starting a lawsuit.
3. What happens if the manager dies during the lawsuit?
The Court of Wards would take over the role or appoint a new manager to be named in the suit.
Test yourself
Q1.Under Section 27 of The Central Provinces Court of Wards Act, 1899, who must be named in a suit if the ward's property has a manager?
Q2.Under Section 27 of The Central Provinces Court of Wards Act, 1899, who acts as the representative if no manager has been appointed?
Q3.Under Section 27 of The Central Provinces Court of Wards Act, 1899, what is the representative called when the ward is being sued?
Q4.Under Section 27 of The Central Provinces Court of Wards Act, 1899, when is the representative called a "next friend"?