Showing : 91-100 of 142 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 32, Rule 2-- Minor - Suit filed without next friend - Defective - Irregularity in instituting the suit does not make the suit wholly bad - It is a defect in procedure - Such defect can be corrected only when the defendant makes an application under Rule (2) of Order 32 CPC or when an application is filed by..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Minor - Compromise - Without leave of Court - Can be attacked in three ways (a) by an application to the Court in which the compromise took place; (b) by a regular suit to set aside the decree and (c) by bringing a fresh suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 32, Rule 7-- Dismissal of suit on basis of report of referee - Contention that judgment is nullity as dispute could not be referred on behalf of minor to referee without leave of Court - Does not make the decree void but voidable at instance of minor...........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Minor's undivided share in joint family property - Partition suit on behalf of minor filed by mother as next friend of minor against minor's father - Suit is not maintainable where it is not proved that father as natural guardian of minor has neglected to provide for minor's maintenance or denied..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Aged lady - Inability to defend due to advanced age - Appointment of guardian - Guardian can only be appointed after holding an enquiry whether applicant is incapable of protecting her interest by reason of any mental infirmity or not...........
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...........
KERALA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 43, 54, Civil Procedure Code, 1908, Order 32, Rule 15-- Lunatic - Attachment of property of a lunatic - Lunatic defended by a guardian appointed by a Court - Property can be attached in execution of decree...........
ORISSA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 32, Rule 12-- Minor becoming major during pendency of suit - Responsibility is of the minor to either choose to proceed with the lis as minor or file an application for being declared as major and seek permission to contest the appeal as such - If he does not do so and allows the case to proceed as though he is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 32, Rule 3, 4-- Minor - Guardian - Person named as guardian has no interest adverse to that of the minor and that he is a fit person to be so appointed - Held, when application to this effect is not filed, decree passed is void...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Unsoundness of mind - Court should conduct a reasonable enquiry in order to assess the mental status of a man and to permit the guardian to come on record in order to protect the interest of the plaintiff...........

Showing : 91-100 of 142 Results