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JAMMU AND KASHMIR HIGH COURT
, J
Ghulam Rasool Reshi v. Ghulam Hassan Reshi and Others
| Table of Content |
|---|
| 1. minor's guardian representation was inadequate in prior proceedings. (Para 1 , 2) |
| 2. arguments concerning the applicability of the cpc provisions. (Para 3 , 4) |
| 3. requirements for appointing a guardian for minors in legal proceedings. (Para 5 , 6 , 8 , 10 , 11) |
| 4. relationships between compromises, minors, and potential fraud considerations. (Para 7 , 9 , 12 , 13 , 14 , 15 , 16) |
| 5. final conclusions regarding the order's validity and subsequent actions. (Para 18 , 19 , 20) |
1.Respondent No. 1 filed suit, challenging the decree based on compromise passed by Munsiff Anantnag in 1968 on the ground that the respondent / defendant to that suit, a minor was not properly represented in the suit and a guardian was not appointed for him as required under law. During pendency of this suit appellant filed an application for rejection of the plaint on the alleged ground that the suit was hit by O. 23, R. 3 - A, CPC. The trial Court upon hearing the parties rejected the plaint. Appeal was filed against this order before District Judge Anantnag. In appeal, while the trial Court order was set aside, the suit was directed to be treated as application under S.151 CPC. Against this firs
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