K. P. NATARAJAN & ANR. versus MUTHALAMMAL & ORS.

K. P. NATARAJAN & ANR. versus MUTHALAMMAL & ORS.

The High Court rightly summoned original records and, exercising its wider superintendence jurisdiction under Article 227, set aside the ex‑parte decree because the trial Court failed to appoint a guardian for the minor in accordance with the Madras amendment to Order XXXII, Rule 3 of the Code and the minor was found to be prejudiced thereby; the High Court's use of Article 227 in these circumstances was within jurisdiction and the Supreme Court declined to interfere.

Parties
Petitioners/plaintiffs: K. P. NATARAJAN & ANR.; Respondents/defendants: MUTHALAMMAL & ORS.
Jurisdiction
India
Judgment Date
16 July 2021
Procedural Posture
Special Leave Petition (c) No. 2492 of 2021 Challenging High Court Order in Crp. Npd. No.959 of 2018 / Decision (special Leave Petition Dismissed)
Outcome
Special Leave Petition dismissed.
Legal Topics
Order XXXII Rule 3 (madras Amendment), Guardian for Minor, Ex Parte Decree, Condonation of Delay, Superintendence Under Article 227, Revision Under Section 115 CPC
Civil Procedure Constitutional Law Family/minor Law Order XXXII Rule 3 (madras Amendment) Guardian for Minor Ex Parte Decree Condonation of Delay Superintendence Under Article 227 +1 more

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Parties

K. P. NATARAJAN & ANR.

Petitioners/plaintiffs

MUTHALAMMAL & ORS.

Respondents/defendants

Procedural Posture

Special Leave Petition (c) No. 2492 of 2021 Challenging High Court Order in Crp. Npd. No.959 of 2018 / Decision (special Leave Petition Dismissed)

Legal Issues

  1. 1 Whether the High Court could set aside an ex-parte decree in revision arising out of dismissal of an application under Section 5 Limitation Act by invoking Article 227
  2. 2 Whether the trial Court complied with Order XXXII, Rule 3 (as amended by Madras High Court) in appointing a guardian for a minor defendant
  3. 3 Whether a decree passed against a minor without proper appointment of a guardian is ipso facto a nullity or depends on established prejudice to the minor

Ratio Decidendi

The High Court rightly summoned original records and, exercising its wider superintendence jurisdiction under Article 227, set aside the ex‑parte decree because the trial Court failed to appoint a guardian for the minor in accordance with the Madras amendment to Order XXXII, Rule 3 of the Code and the minor was found to be prejudiced thereby; the High Court's use of Article 227 in these circumstances was within jurisdiction and the Supreme Court declined to interfere.

Court Disposition

Special Leave Petition dismissed.

Orders

  • High Court order setting aside the ex‑parte decree for failure to appoint guardian in accordance with Order XXXII, Rule 3 (Madras amendment) is upheld.
  • The conditions imposed by the High Court (respondents to pay Rs.2,50,000 to decree‑holders) are sustained by implication as the SLP is dismissed and no interference is made with that order.