their behalf, the suit was not maintainable in
terms of Order 32 Rule 3A which, allowed the suit to be brought ... after attaining majority in order
to challenge earlier judgment and decree passed against him in terms
of Order 32 Rule 3A
point of law arises in the context of Order
32 Rule 3 and Rule 3A of the Code of Civil Procedure , 1908
( CPC ).
3. Brief ... learned Counsel submits that, in light of
Order 32 Rule 3 and Rule 3A, the decree has to be treated as
nullity. It is further
appellant regarding the
Jammu Court decree is non-compliance of Order 32 Rule 3 CPC . It is
submitted that as no guardian was appointed ... impugned order held that the
provisions of Order 32 CPC are procedural in view of the provisions of
Order 32 Rule 3A CPC . A decree
issues after complying with the mandatory provisions of Order 32 Rule 3 C.P.C . governing the appointment of a guardian for the minor defendants ... considered as nullity. By referring to the provisions of Order 32 Rule 3A C.P.C , the learned Counsel for the appellants submitted that
primarily held that the plea of the plaintiff fell under
Order XXXII Rule 3A(2) CPC , and that he has not established ... guardian is not
vitiated under law by Order 32 Rule 11 and Order 32 Rule 3A(1)
and (2) of Civil Procedure Code and natural
next friend under Order 32, Rule 3 of the C.P.C . as sub-rule (1) of Rule 3 of Order 32 provides that where ... have to read the provisions of sub-rule 4 of Rule 3 of Order 32 and Rule 3A of Order 32
impugned order held that the
provisions of Order 32 CPC are procedural in view of the provisions of
Order 32 Rule 3A CPC . A decree ... represented' in contradistinction to the
'representation' contemplated by Order 32, Rule 3. If a minor is represented
by a guardian ad-litem
primarily held that the plea of the plaintiff fell under
Order XXXII Rule 3A(2) CPC , and that he has not established ... guardian is not
vitiated under law by Order 32 Rule 11 and Order 32 Rule 3A(1)
and (2) of Civil Procedure Code and natural
primarily held that the plea of the plaintiff fell under
Order XXXII Rule 3A(2) CPC , and that he has not established ... guardian is not
vitiated under law by Order 32 Rule 11 and Order 32 Rule 3A(1)
and (2) of Civil Procedure Code and natural
primarily held that the plea of the plaintiff fell under
Order XXXII Rule 3A(2) CPC , and that he has not established ... guardian is not
vitiated under law by Order 32 Rule 11 and Order 32 Rule 3A(1)
and (2) of Civil Procedure Code and natural
