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2022 Supreme(Ker) 140

A.MUHAMED MUSTAQUE, SOPHY THOMAS
Tresa Xavier W/O. Late Xavier Manayath – Appellant
Versus
Mary Simon W/O. Late Simon – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.Shiju Varghese, Sri.M.P.Krishnan Nair, Sri.M.Narendra Kumar, Sri.N.Sukumaran Sr., Smt.Seema Krishnan, Advs.
For the Respondent: Smt.A.K.Rani, Smt.Prabha R.Menon, Sri.A.Balagopalan, Sri.A.Rajagopalan, Sri.M.S.Imthiyaz Ahammed, Smt.P.Seena, Shri N.Subramaniam, Shri M.S.Narayanan, Shri Girijan P.T., Smt Usha Narayanan, Shri Mathai M Paikaday (Sr.)

ORDER :

A.Muhamed Mustaque, J.

RP 667/2016 : This review is pointing out an ad litem irregularity. The review petitioner was a minor in the proceedings before the District Court and became major before the disposal of the case before the District Court. The review petitioner was shown as a minor in the appeal under review as well. The records of the District Court show that there was no application for appointment of a guardian for the minor before the District Court nor had the Court appointed a guardian. The point that arises in this review is whether the decree passed against a minor without the minor being represented by a guardian, duly appointed by a Court, renders the decree as nullity. So also the dismissal of the appeal, overlooking the nullity of the decree passed by the District Court warrants a review at the instance of the minor.

2. The 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 facts are; one Thomman held properties in and around Ernakulam. He died intestate. Xavier and Antony were his sons. Mary was his only daughter. Xavier died on 12/1/1979. Xavier's wife Tresa Xavier filed O.S. No.112/84 for p

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