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..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Minor attained majority during pendency of suit - Held, if minor defendant who attained majority does not choose to come on record and contest the suit by himself, he must be deemed to have elected to abide by representation of guardian and judgment and decree eventually passed in suit would be binding..........
Hindu Minority and Guardianship Act, 1956, Civil Procedure Code, 1908, Order 32, Rule 3 -- Guardian - Appointed by Court - Cannot deal with the property by way of sale, mortgage, charge or lease without the permission of Court and against the interest of minor...........
Hindu Minority and Guardianship Act, 1956, Civil Procedure Code, 1908, Order 32, Rule 3 -- Guardian - Bound to deal with the property as carefully as a man of ordinary prudence would deal with it, if it were his own property - He is bound to do all acts for the protection and benefit of the property - He is not supposed to make any profit out of his office - He is to act..........
