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1961 Supreme(All) 230

V.BHARGAVA, JAGDISH SAHAI, MITHAN LAL
OM PRAKASH – Appellant
Versus
MOTI LAL – Respondent


Advocates Appeared:
H.N.SETH, N.P.ASTHANA

JAGDISH SAHAI, J.

( 1 ) A decree in suit No. 181 of 1951, of the Court of 1st Additional Civil Judge, Kanpur, was obtained against the father of the plaintiff-appellants by the respondents and in the execution of the same some houses were attached. The plaintiff-appellants filed the suit giving rise to this appeal and prayed for the following reliefs on the allegation that the father of the plaintiff-appellants was a man of deficient mind and inasmuch as no guardian ad-litem had been appointed to protect his interests in the suit, the decree passed in suit No. 181 of 1951 was a nullity:

"the plaintiffs, therefore, prayed for the following reliefs:-A. It be declared that the decree in suit No. 181 of 1951 of the Court of 1st Civil Judge, Kanpur, motilal and Ors. v. Madan Behari Lal is not enforceable against house No. 22/2, Filkhana, kanpur, 55/59, Kahoo Kothi, Kanpur, and premises No. 84/57, Jarib ki chauki, G. T. Road, kanpur known as Indian Distillery and especially against the plaintiffs rights and interest therein and is void against the plaintiffs. B. Costs of the suit be allowed to the plaintiffs. C. Any other relief the Court thinks fit and proper to grant in the circumstance


















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