JUDGMENT

Yorke, J - This is a civil miscellaneous application by Mrs. N.A. Alexander asking me to set aside a final decree for dissolution of marriage between M.S. Jalil and Mrs. M.P. Jalil, daughter of the applicant, on the allegation that throughout the proceedings both for decree nisi and decree absolute Mrs. M P. Jalil, respondent in the divorce suit, was a minor, a fact which was not brought to the notice of the Court by the petitioner M.S. Jalil, with the result that no guardian ad litem was ever appointed on behalf of the respondent. No section of the Code of Civil Procedure was mentioned in this application but learned Counsel has sought to argue it by relying on Section 151 of that Code read with Order 32, Rule 5. It was at first found impossible to serve any notice on Mrs. M.P. Jalil who had been treated by the applicant as an opposite party. She was ultimately served by notice in the newspapers, and on the date of argument put in an appearance and was represented by counsel. At an earlier stage, on 8th May 1939, two issues were framed:

(1) Is this application maintainable by the applicant under Section 151, Civil P.C., on the facts stated therein 1 (2) Is the final decre