Case Note & Summary
The Regular First Appeal No.1484/2003 was filed by the defendants (minors represented by their mother) against the judgment and decree dated 14.08.2003 in O.S.No.225/2002 (old No.76/1994) passed by the Civil Judge (Sr. Dn.), Harihar, decreeing the suit for declaration and permanent injunction. The suit was originally filed by the plaintiff seeking declaration of title over several suit schedule properties and perpetual injunction restraining the defendants from interfering with his possession. The trial court decreed the suit. The appellants, being defendant Nos.1 and 2 who were minors at the time of the suit, contended that they were not properly represented by their natural guardian and that the decree was passed without giving them adequate opportunity to defend. The High Court, after hearing arguments, found that the trial court had not ensured proper representation of the minor defendants. The court set aside the judgment and decree and remanded the matter back to the trial court for fresh disposal, directing that the minor defendants be given an opportunity to file their written statement and lead evidence. The appeal was allowed with no order as to costs.
Headnote
A) Civil Procedure - Representation of Minors - Natural Guardian - Section 96 read with Order 41 Rule 1 CPC - The appeal was filed by minor defendants challenging the decree passed in a suit for declaration and permanent injunction - The trial court decreed the suit without ensuring proper representation of the minor defendants by their natural guardian - Held that the decree is liable to be set aside and the matter remanded for fresh disposal after giving opportunity to the minor defendants to defend the suit (Paras 1-5).
Issue of Consideration
Whether the judgment and decree of the trial court decreeing the suit for declaration and permanent injunction is sustainable when the minor defendants were not properly represented by their natural guardian?
Final Decision
The appeal is allowed. The judgment and decree dated 14.08.2003 in O.S.No.225/2002 on the file of Civil Judge (Sr. Dn.), Harihar, is set aside. The matter is remanded back to the trial court for fresh disposal in accordance with law, after giving opportunity to the minor defendants to file written statement and lead evidence. No order as to costs.
Law Points
- Civil Procedure Code
- 1908
- Section 96
- Order 41 Rule 1
- Declaration of Title
- Permanent Injunction
- Minor Defendants
- Natural Guardian
- Representation of Minors
- Remand
