Muttu Menika V. Muttu Menika

1915. Present  : Shaw J. and De Sampayo J.

MUTTU MENIKA v. MUTTU MENIKA.

275-D. C. Kurunegala, 5,285.

Minor-Unrepresented by guardian in action-Is judgment null and void?

A judgment against a minor who is unrepresented by a guardian is at most an irregularity, and the judgment will stand as a valid adjudication against the minor until reversed, and will not be open to a collateral attack.

A person seeking to get rid of a judgment on the ground of his minority at the date of the judgment is to proceed under section 480 of the Civil Procedure Code, or to apply for restitutio in integrum Until the judgment is set aside it can be pleaded as res judicata against the " minor "

THE facts are set out in the judgment.

G. Koch, for first defendant, appellant.

E. T. de Silva, for plaintiffs, respondents.

Cur. adv. vult.

511

September 8, 1915. DE SAMPAYO J.-

This is in form a partition action in respect of six lands, but it is in reality an action to establish title to certain shares. The lands belonged to one Sohandirala, husband of Kiri Menika. The plaintiffs' case is that Sohandirala left two children namely, (1) Satanhamy, through

Click Here to Read the rest of this document