properly protect the interest of the minor in the previous suit the minor is well bound by the decree, so long as the guardian ... decree obtained against a minor, whether the minor had been a plaintiff or defendant in the suit. The minor having been represented by a lawfully
duty and the minor's interest was thereby jeopardised, the minor has a substantive right to avoid the decree. These Courts have held that ... difference between a void decree and a voidable decree is that while in the case of a void decree, the decree does not exist
after considering the interests of the minor, upon notice to the minor and the natural guardian of the minor.
20. In the case before ... minors, the procedure as in Order 32 was followed. Therefore the minors were not properly represented in the rent suit and the decree as against
where a guardian ad litem of a minor is properly appointed thereunder to represent a minor the minor shall be bound by the decision ... minor resulting in serious loss of rights is a sufficient ground to enable a minor to set aside the decree obtained against him. Fraud
suit filed on behalf of a minor Plaintiff when the minor died before any decree was passed in the suit.
26. As observed ... minor being exercised on the minor's behalf by the minor's mother or possibly by other natural guardians of the minor, when
Tulshan the mother of the minor was appointed the certificated guardian and next friend of the minor. The minor plaintiff Jagadish Prasad was governed ... guardian-ad-litem is a decree without jurisdiction and in effect there is no decree against the minor because the minor not having been represented
Civil Procedure as setting aside a decree presupposes that the decree exists against the defendant. Such a decree being a nullity and not binding upon ... where the minor was not represented in the suit because no service was effected on the guardian of the minor, the decree against the minor
when the decree was passed, or on any subsequent date ? In 1931 Bom 500 where a decree was passed against a minor on the basis ... appointing minor's mother as guardian of the minor was filed in the suit which was filed against the minor on the foot
behalf of a minor. The head clerk of the Court was appointed guardian of the minor, The guardian suffered a decree to be passed ... litem the minor in conducting or defending a suit to which he was a party, entitled the minor to challenge the decree passed against
against a minor owing to the gross negligence of his guardian is not binding on the minor and that such a decree ... guardian ad litem is adverse to that of the minor the decree is not binding on the minor.
21. The power of the shebait
