JUDGMENT : S.C. Mohapatra, J. - This is an appeal by she plaintiff against dismissal of the suit. 2. Plaintiff is a minor Suit has been filed against his father (Defendant No. 3) claiming his half interest in the suit properties alleging that his father who has married for the second time being under influence of his second wife ill-treated plaintiff for which he is in custody and care of his father's sister. To protect his half share he filed the suit through his next friend, who is his father's sister. 3. Trial Court dismissed the suit relying on the decision of this Court reported in 1974 (1) CWR 432 (Simamani Dei v. Babaji Das and Ors.) and 1974(1) CWR 550 (Sobha Dei and Anr. v. Bhima alias Bhimasen Sahu and Ors.) on the finding that fathers' sister cannot act as next friend when minor's father is his natural guardian under the Hindu Minority and Guardianship Act. Both the decisions are distinguishable on facts. Besides, these decisions have not taken note of Order 32, Rule 4, CPC which provides that any person who is of sound mind and has attained majority may act as next friend of minor provided that interest of such person is not adverse to that of minor. Therefore, it is not always necessary that a natural guardian would only file the suit. In the present case, the suit h3ving been filed against the natural guardian, plaintiff has to be represented by a next friend. Accordingly, dismissal of the suit on this short ground is untenable and is vacated. 4. In result, appeal is allowed, suit is remitted back to the trial Court for disposal in accordance with law. There shall be no order to costs. Final Result : Allowed