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Report No. 185

Section 44

The 69th Report did not suggest any changes in section 44 except to add proposed section 44A. But as we have omitted the proposal for section 43A (and also proposed section 42A), there is no need even for a formal amendment of section 44.

In the above Report, it was felt that there was some conflict of opinion in the High Courts as to the right of a minor or other person under disability to sue to set aside a judgment on the ground of negligence of the guardian ad liten on the next friend.

We do not think that it is necessary to have a separate provision merely because of the Bombay view in Krishna Das v. Vilhoba, AIR 1939 Bom 66 and two other Bombay cases, in as much as there are decisions of the Privy Council and Supreme Court to the contrary.

Review of the Indian Evidence Act, 1872 Back

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