SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1934 Supreme(Mad) 43

CURGENVEN
Kathasawmy Chettiar – Appellant
Versus
Ramachandran minor – Respondent


JUDGMENT

Curgenven, J.

1. These two revision petitions are preferred against two orders of the District Munsif of Coimbatore (1) discharging a guardian ad litem and appointing another, and (2) setting aside an ex parte decree. The Plaintiffs, who are the petitioners in both the petitions, sued three brothers to recover some money said to be due in respect of a deposit made with their deceased father. The 1st Defendant was a major and the 2nd and 3rd Defendants were minors. The Plaintiffs applied in the ordinary way for appointment of a guardian ad litem to them, proposing first the mother and later the brother, that is, the 1st Defendant. The mother declined to act but agreed that her son might act and the 1st Defendant undertook the duties and was appointed. In the suit he took time to file a written statement but in point of fact he did not file one and made no defence either for himself or on behalf of his minor brothers and the suit was decreed ex parte. Then followed the two applications out of which these petitions arise.

2. It was alleged that the brother had failed in his duties as guardian and accordingly the mother applied to be made guardian and at the same time application









Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top