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Annada Prasad Alias Annoda Chandra ... vs Upendra Nath Dey Sircar And Maharaj ... on 5 August, 1921 cites

Surendra Nath Bose And Ors. vs Aghore Nath Bose And Ors. on 15 July, 1920

This principle has obviously no application to the circumstances of this case; nor can the provision of Section 99, Civil Procedure Code, be invoked successfully, because as pointed out in Surendra Nath Boss v. Aghore Nath Bose 62 Ind. Cas. 464 : 25 C.W.N. 525, when the Court proceeds to make a decree against an infant who is not properly represented by a guardian as contemplated by the Code of Civil Procedure, the Court acts without jurisdiction, inasmuch as a decree is made against a person who is in essence not before the Court.
Calcutta High Court Cites 0 - Cited by 2 - Full Document

Jagirdar Mir A. Shroof Sahib And Ors. vs Raghunatha Sivaji And Ors. on 17 March, 1915

5. It has been finally urged that the fact that the proposed guardian had preferred an appeal to the Subordinate Judge may be taken as an index that he had consented to his appointment as guardian for the suit. We are unable to give effect to this contention. No doubt the proposed guardian preferred an appeal on behalf of the infant; but we have the equally important fact that he never appeared during the trial of the suit and took no steps to protect the interest of the infant. The view we take is supported by the decision of the Madras High Court in Shroof Sahib v. Raghunatha Sivaji 29 Ind. Cas. 579 : 18 M.L.T. 401. We hold accordingly that the decree made against the appellant cannot be maintained and must be vacated.
Madras High Court Cites 2 - Cited by 2 - Full Document
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