A Decree passed against a minor without the proper appointment of a guardian is nullity ipso facto

On 16.07.2021 In SPECIAL LEAVE PETITION (C) NO.2492 OF 2021 K.P. NATARAJAN & ANR. VERSUS MUTHALAMMAL & ORS. while dismissing the SLP the Hon’ble Court held that:

1.High Court can Exercise its wider powers under Article 227 while sitting in civil revision to prevent miscarriage of justice. Powers of the High Court under Article 227 are in addition to and wider than the powers under Section 115 of the Code. ●
2.Non-appointment of guardian of minor by civil court and then deciding matter ex-parte is against Order XXXII Rule 3A read with Madras High Court amendments to said order.
3.Whether a decree passed against a minor without proper appointment of a guardian, is a nullity ipso facto ? Court held that same would depend upon prejudice against the minor being established.
K.P. NATARAJAN & ANR. VERSUS MUTHALAMMAL & ORS. 2021

Read the full judgment by clicking on the following link:

1845_2021_40_1501_28528_Judgement_16-Jul-2021.pdf (sci.gov.in)