RAM CHANDRA ARYA versus MAN SINGH & ANR.
A decree obtained against a lunatic without appointment of a guardian-ad-litem is void and without jurisdiction, so any sale in execution of such a decree is also void ab initio; therefore, no rights could be acquired by a purchaser in execution, and the property escheated to the Maharaja of Jaipur.
- Parties
- Appellant: Ram Chandra Arya; Respondent: Man Singh; Respondent: Another respondent
- Jurisdiction
- India
- Judgment Date
- 08 December 1967
- Procedural Posture
- Civil Appeal / Appeal by Special Leave From Judgment in Second Appeal No. 920 of 1952, Allahabad High Court, Dated December 21, 1961
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Decrees Against Lunatics Without Appointment of Guardian, Validity of Execution Sale Under Void Decree, Escheat Under Hindu Law
Case Brief
Summary, issues, holding and outcome
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Parties
Ram Chandra Arya
Appellant
Man Singh
Respondent
Another respondent
Respondent
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment in Second Appeal No. 920 of 1952, Allahabad High Court, Dated December 21, 1961
Legal Issues
- 1 Whether a decree against a lunatic without appointment of a guardian-ad-litem is a nullity
- 2 Whether a sale in execution of such a decree is void
Ratio Decidendi
A decree obtained against a lunatic without appointment of a guardian-ad-litem is void and without jurisdiction, so any sale in execution of such a decree is also void ab initio; therefore, no rights could be acquired by a purchaser in execution, and the property escheated to the Maharaja of Jaipur.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed; decision of Allahabad High Court upheld
Full Case Text
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