Courts Expected To Assume Role Of A Parent Where A Litigant Is Unable To Prosecute Or Defend His Own Case Properly

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Case: Sarjeet Kaur v. Harbhajan Singh & Ors.

Coram: Justice Anil Kshetarpal

Case No: Civil Revision 21 of 2021

Court Observation: “Courts are expected to act as parens patriae, which means that the Presiding Judges of the Courts are expected to assume the role of a parent in order to protect the interest of the persons, who are legally or otherwise unable to act or defend on their own behalf in the litigation.”

“Raghbir Singh is stated to be aged about 55 years on the date of filing of the suit. There is no material to show that Raghbir Singh was not taken care of by his relatives in all these years,”

“In any case, if the petitioner apprehends that plaintiff no.3 [Raghbir] is not being looked after properly, she shall be at liberty to file an application before the trial court, which shall be required to be decided by the court by putting the remaining plaintiffs to terms.”


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