C.L.CHAUDHRY
ORIENTAL BANK OF COMMERCE – Appellant
Versus
M. K. GUPTA AND COMPANY PRIVATE LIMITED. -JUDGMENT-DEBTORS – Respondent
( 1 ) THESE objections have been filed on behalf ofthe judgment debtors under Order 21, Rule 90 read with Sees. 47. 151 CPCfor setting aside the sale. Smt. Malti Gupta, Judgment Debtor No. 3 andkumari Bhavna (minor) judgment debtor No. 5 have stated in their objectionpetition (which is the subject matter of E. A. 137/1990) that Smt. Malti Guptais the mother and natural guardian of the Judgment Debtor No. 5, Kumaribhavna, who is a minor, the mother is acting as next friend for the minorand the interest of the mother is not adverse to that of the minor. Theproperty bearing Plot No. 4, Block C, Community Centre, Janakpuri, Newdelhi is owned by the Objectors being the legal representatives of the deceased Shri M. K. Gupta.
( 2 ) ADMITTEDLY the Objector, judgment debtor No. 5 in the suit is aminor and she was not duly represented either in the case or in the executionproceedings and thus the decree passed against the minor defendant withouthaving guardian ad litem appointed is a nullity and void. Consequently thesale of the property wherein the Objector owns share and has interest is alsovoid.
( 3 ) IT is further stated that the provisions contained in Order 32,rule 3
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