Person whose physical infirmities affect cognitive skills can file suit through "Next Friend" invoking Rule 15, Order 32, CPC: Kerala HC

“… the word 'mental infirmity' has been used in Order 32 Rule 15 C.P.C., to convey a meaning, which is wider and which would encompass something more than what the word 'unsoundness of mind' would cover", the Court said.
Kerala High Court
Kerala High Court

The Kerala High Court on Tuesday interpreted the expression “mental infirmity” in Rule 15 of Order 32 in the Civil Procedure Code (CPC) as inclusive of physical disability-induced impairments of cognitive capacity (Mary v. Leelamma and Anr).

In doing so, the Court has ruled that persons whose physical disabilities affect their cognitive skills can file suits through a next-friend, as is the case with minors and persons of unsound mind or with mental infirmities.

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