Setun Bibee V. Abusally Marikar

1953 Present: Nagalingam A.C.J.

SETUN BIBEE et al., Appellants, and ABUSALLY MARIKAR,
Respondent

S. C. 129-C. R. Kegalle, 13,669
 

Partition action-Minority of defendants'-Summons served on them personally- Minors not legally represented--Effect on proceedings-Civil Procedure Code, s. 480.

Some of the defendants in a partition action were minors. No appointment of a guardian ad litem had been made in respect of them, and service of summons was made on them personally. After final decree was entered they moved under section 480 of the Civil Procedure Code to have the decree set aside.

Held, that the final decree could be set aside for the reasons (1) that as the defendants were minors, the service of summons on them personally was ineffective, and (2) that section 480 of the Civil Procedure Code, which declares that an order made in an action in which a minor is a party without such minor being represented by a guardian ad litem may be discharged on application made for the purpose, is not inapplicable to actions filed under the Partition Ordinance.

APPEAL from a judgment of the Court of Requests, Kegalle.

 A. L. M. Hashim,

Click Here to Read the rest of this document