( 1 ) HEARD ld. Sr. Counsel Mr. DD Vyas with ld. Counsel Mr. Dhaval. D. Vyas for the petitioner.

( 2 ) INVOKING jurisdiction of this Court under Article 227 of the Constitution of India, the petitioner (original-defendant no. 4) has challenged the order passed by ld. Civil Judge (S. D.), Navsari dated 11. 02. 2005 below application exh. 23 in Regular Execution Petition No. 7/2003 as well as the order passed by the appellate Court in Regular Civil Appeal No. 0/2005. The ld. Civil Judge, vide impugned order rejected the application exh. 23 resisting the execution proceedings initiated by the original judgment creditor of Reg. Civil Suit No. 259 of 1988, a suit for house rent and possession and decree passed was challenged by way of an appeal and then in a Revision Application. The proceedings had seen the Court Room of the Apex Court at one stage.

( 3 ) THE ld. Sr. Counsel Mr. Vyas has taken this Court through the scheme of Rule 3 of Order 32 of CPC. It is argued that when the trial Court passed the decree, the appellant No. 4 was a minor and in absence of formal order of appointment of guardian for appellant-defendant No. 4,decree against defendant No. 4 is a nullity a