Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Cannot be set aside merely on the ground that minor has not been represented except in circumstances where prejudice has resulted consequent upon non-representation of minor by guardian appointed by Court...........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Non-representation of minor or improper representation of minor itself, will give no cause of action to minor to seek setting aside of decree in a contested matter on common litigating issues or rights also available to minor...........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - When it is shown that minor has not been properly represented, Court must conduct an inquiry as to prejudice occasioned to the minor...........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Setting aside - If minor had an independent and distinct right, than that of other litigating parties to the case, Court can easily conclude that prejudice has been caused to minor - If minor is having only a common litigating issue or right, Court has to hold that minor's interest has been..........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Setting aside - If minor is able to demonstrate negligence of party, who litigated issue encompassing minor's interest, substantial representation of minor's interest is still open for challenge in view of O.32.R.3-A CPC - This ground is available to minor even if minor has been represented by a..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Partition suit - Gift deed in favour of plaintiff sought to be produced - However, plaint does not include subject matter of gift deed sought to be produced - Reasons assigned by trial Court for rejecting application U.O.7.R.14 CPC are not perverse - Application rightly rejected...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection by stranger - Petitioner staked his claim on the basis of agreement for sale from owner of land - However, said owner did not have power to enter into agreement for sale - Petitioner is in occupation of a part of decretal land - He has made a false claim of right on basis of agreement for..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Rehearing of matter is impermissible in the grab of review - Review application do not satisfy contours of entertaining review petition - Review petition dismissed...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Engagement of a new counsel does not give a right to a party to stall proceedings of case...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- False averment in plaint - Suit not liable to be dismissed...........
