In Sree Sree Sreedhar Jew v. Kanta
Mohan Mullick & Ors., (1945) 50 C.W.N. 14, a single bench of this court (Gentle, J.) held (on
p.28) that whilst there are similarities in the status of a minor and of a thakur, e.g. they are both
incapable of managing their property and protecting their interests, there are also dis-similarities,
e.g. the Indian Contract Act, 1872 denies a contractual capacity to a minor, but does not extend that
incapacity to a thakur.
As I understand the law, the person entitled to act as next friend is not limited to the members of the family or worshipper. Anybody can act as such next friend, but the law requires that anybody other than sebait instituting a suit in the name of the deity must be appointed as such by an order of the court. That is the law as recognised by this Court. Reference may be made to the case of Tarit Bhusam v. Sreedhar Salagram , Sreedhar Jew v. Kanto Mohan , and Sushama Roy v. Atul Krishna Roy, .