Civil Procedure Code, 1908, Order 32, Rule 3 -- Minor - Permission to compromise - Minor becoming major at the time of compromise - Guardian has no authority to enter into compromise even though without any formal order of discharge he could appear in the proceedings for other purpose...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Minors - Non compliance of O.32.R.3 CPC - Minors brought on record as legal representatives - L.R. is to contest the case as set up by the deceased - Joint written statement filed by uncle and father of deceased - Suit effectively contested by uncle - Minors on attaining majority did not chose to file an appeal nor choose to..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Minor defendant - Sued through mother, natural guardian - Neither an application for appointment of guardian filed nor particulars of all possible guardians and requisite affidavit as required U.O.32.R.3(3) & (4) filed - Even certificate not filed to the effect as to who were the persons who had no adverse interest to that of..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Minor - Suit against - Guardian not appointed - Suit decided in favour of minor - Once the matter is decided in favour of minor then judgment and decree cannot be set aside on the ground that there was non compliance of the mandatory provision of O.32.R.3 as no prejudice has been caused to the minor...........
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...........
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...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 32, Rule 15 -- Compromise decree - Setting aside - Wife alleging husband was mentally unsound and compromise entered into by her husband was contrary to law - Trial Court setting aside decree without following procedure laid down in proviso to Rule 3 - Held, High Court is justified in holding..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 32, Rule 7 -- Compromise - Court to be satisfied that compromise entered into between parties is lawful before accepting the same - Compromise signed by Counsel, on behalf of parties some of whom were shown as minors though in fact they had attained majority on date of compromise - Where..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Minor - If the minor attains majority during the pendency of appeal but he does not move to put his defence or to object to the decree at that stage, he may be deemed to have adopted the proceedings and will be bound by the result of the litigation...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Minor - Joint Hindu Family Property - Defendants including minors forming Joint Hindu Family - Decree in dispute qua property of Joint Hindu Family will bind its minor members as well...........
