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1927 Supreme(Mad) 560

Sri Maruti Swamiar – Appellant
Versus
A. Subramania Ayyar – Respondent


JUDGMENT

1. This is an appeal against the dismissal of an application by the appellant to set aside an ex-parte final decree passed in a mortgage suit. The present appellant was a minor at the date of the institution of the mortgage suit. His father was appointed his guardian ad litem, the father being the executant of the mortgage bond. Some defences were raised by the father and a preliminary decree was passed. After the passing of, the preliminary decree, the present appellant became a major, but it does not appear that any notice went to him before the final decree was passed. The petitioner appellant applied to the Subordinate Judge to set aside the ex-parte final decree on the ground that he was not served with notice, and that his father, whose interests were adverse to him and ought not to have been appointed his guardian, did not properly represent him when the preliminary decree was passed and that certain defences which were set out in his petition and which ought to have been raised by the father were not raised. The Subordinate Judge dismissed the application on the ground that no notice was necessary before the final decree was passed, that as the notice went to his fa


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