Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Minor was sued through his mother - However, no application U.O.32.R.3 CPC had been moved to appoint guardian for said minor - Even though interest of minor was not prejudiced considering the fact that he was duly represented through his natural guardian, but it was necessary to file an application for..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minors - Plaintiff while filing suit against minors is required to file list of relatives of minors and other persons with their addresses, who prima facie may be capable of acting as guardian for the suit for a minor defendant...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minors - Suit for possession by way of pre-emption - Minors were impleaded through their real brother/defendant No.1, who was major at the time of filing of suit - Defendant No.1 was the most natural choice to be guardian of minors, being in blood relation, his interest was also similar to that of other..........
Civil Procedure Code, 1908, Order 32, Rule 3, Civil Procedure Code, 1908, Order 22, Rule 4 -- Non appointment of guardian ad-litem for minor grandsons - Deceased, on his death survived by sons and daughter - Held, when sons are alive, grandsons cannot become class-I heirs - Presence of grandsons not required - Non-appointment of guardian ad-litem has no affect on judgment..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit for partition - Preliminary decree affirmed by Apex Court - Plea of minority - Appellant was already on record as legal heir of M and was represented by a counsel - Claim of appellant, who admittedly turned major at the time of passing of decree, was considered by Apex Court on merits also and her plea in opposition to..........
Civil Procedure Code, 1908, Order 32, Rule 3, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Petition filed by wife by pleading that husband become insane after marriage - Ex parte divorce decree passed without appointment of guardian of insane person - Ex parte divorce decree set aside having been passed against a person of unsound mind without following due..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Not barred - O.22.R.3 CPC provides the manner in which suit will proceed against minor after Court is satisfied about minority and thereafter steps to appoint guardian either on behalf of plaintiff or even on behalf of minor will proceed...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Not barred - For appointment of guardian, an application can be made either on behalf of the minor or by plaintiff and an order can be obtained for appointment of guardian...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 32, Rule 3 -- Rejection of plaint - Suit against minor - Suit against minor by itself is not barred - O.22.R.3 CPC provides the manner in which suit can proceed against minor...........
Civil Procedure Code, 1908, Order 32, Rule 3, 3A -- Minor - Compromise decree - Suit by minor after attaining majority for cancellation of compromise decree - Limitation - Suit filed after three years of attaining majority of minor - Since compromise decree was void as on the date of attaining majority of minor, limitation of six years for recovery of possession would..........
