Ex-Parte Decree Against Minor Not Represented By A Duly Appointed Guardian A Nullity : Supreme Court

17th July,2021

Ex-Parte Decree Against Minor Not Represented By A Duly Appointed Guardian A Nullity : Supreme Court



The Supreme Court has maintained a judgment of the Madras High Court which held that an ex-parte order passed against a minor not addressed by a properly selected gatekeeper is a nullity. A seat including Justices Indira Banerjee and V Ramasubramanian was thinking about an allure documented against the High Court judgment, which had saved the ex-parte order passed against a minor on the ground that he was not addressed by a gatekeeper designated as far as strategy mulled over under Order XXXII, Rule 3 of the Code of Civil Procedure.

The High Court was managing an update request recorded under Section 115 CPC against the refusal of the preliminary court to save the ex-partee order, passed in a suit looking for explicit execution of a deal arrangement. The preliminary court excused the application to save the ex-parte order on the ground of unexplained deferral of 862 days in favoring the application. One of the litigants in the suit was a minor.

While thinking about the modification, the High Court had gathered the records to learn if the watchman was appropriately delegated according to method. On finding that there could have been no appropriate arrangement of watchman, the High Court put away the ex-parte order as a nullity, without going into the subject of sufficiency of explanations behind delay. Testing the High Court request, Senior Advocate S Nagamuthu raised three essential contentions :

(I) that the High Court should not to have saved an ex­parte order, in an update request emerging out of an application under Section 5 of the Limitation Act, 1963;

(ii) that the Court was not qualified for conjure value for the respondents who were horribly careless, first in shielding the suit,next in guarding the executing procedures and afterward in trying to save the ex­parte order after almost a time of looking to save the ex­parte order after almost a time of trying to save the ex­parte request passed in the Execution Petition; and

(iii) that it was not so much as one of the grounds raised or focuses contended by the respondents­ in this in their amendment appeal under the watchful eye of the High Court either that the strategy recommended under Order XXXII, Rule3 of the Code was not followed or that a grave bias or shamefulness has been caused to the litigant/minor, by virtue of the failure,if any, with respect to the preliminary Court.

Mr. R. Balasubramanian, senior insight showing up for the respondents fought accordingly, that the revisional ward of the High Court under Article 227 are more extensive in nature and that when the High Court tracks down that the preliminary Court has not dealt with the interest of the minor who was involved with the procedure, by adhering to the method recommended by law, the High Court can't close its eyes based on details.