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KERALA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Lunatic - Decree against - No formal order passed appointing a guardian from the date of institution of suit till the appointment - No prejudice caused to the J.D. - Suit not null and void - Court has jurisdiction to try the suit...........
BOMBAY HIGH COURT
Year of decision: 2000
Details
Lunancy Act, 1912, Section 37, 62-- Lunatic - Appointment of guardian for person and property - Petition has to be filed at the place where the alleged lunatic is residing- Court where property is situated has no jurisdiction...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 32, Rule 3, 3-A-- Minor - Court guardian - Defect in procedure of appointment - Minor cannot avoid the decree unless it is shown that the defect in procedure has prejudiced him...........
ALLAHABAD HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Exparte decree against minor without any proper appointment of guardian - This is a sufficient ground for setting aside ex parte decree...........
MADRAS HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - In earlier suit, wife seeking custody of son - In subsequent suit, husband seeking his appointment as guardian of son and applying for direction that he be given interim custody of son - Subsequent suit involves substantially same questions of fact with respect to custody..........
CALCUTTA HIGH COURT
Year of decision: 1989
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Minor - Appointment of guardian - Made without service of notice on such minor defendants as required by Rule 3 - This by itself is not sufficient to vitiate appointment - At the most it amounts to an irregularity...........
CALCUTTA HIGH COURT
Year of decision: 1989
Details
Civil Procedure Code, 1908, Order 32, Rule 3-A, Civil Procedure Code, 1908, Order 9, Rule 13-- Minor - Court guardian appointed - Court guardian absent on hearing - Court is not precluded to proceeded ex parte against those minor defendants - Appointment of new guardian is not necessary...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1977
Details
Civil Procedure Code, 1908, Order 7, Rule 1(d), Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 32, Rule 3-- Pre-emption suit against vendees - Vendees minors when suit filed - Non-disclosure of minority of defendants in plaint - Not fatal to suit - Application for making appointment of a guardian at litem - Can be made after expiry of period of limitation for filing suit - Application under Order 32..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1974
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Non compliance with the rule - Too much insistence on technical provisions of a procedural law can at time lead to absurd results and cause injustice to parties - When non compliance renders the decree a nullity - AIR 1965 Calcutta 562 followed wherein held that `The provisions of sub-rule 3 of..........

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