REGENT COMPUTRONICS PVT. LTD.

RAMCHANDAR SINGH Appellant

V/S

B.GOPI KRISHNA DASS Respondents

Referred Judgements :-

SURESH CHUNDER WUM CHOWDHRY V. JUGUT CHUNDER DEB [REFERRED TO]
HARI SARAN MOITRA V. BHUBANESWARI DEBI [REFERRED TO]
KHIARAJMAL V. DAIM [REFERRED TO]
MT.BIBI WALIAN V. BANKE BEHARI PERSHAD SINGH [REFERRED TO]
BUCHANAN V. RUCKER [REFERRED TO]
MOHAN KRISHNA DAR V. HAR PRASAD [REFERRED TO]
PANDE SATDEO NARAIN V. RAMAYAN TEWARI [REFERRED TO]
PADARATH MAHTON V. HITAN SINGH [REFERRED TO]
THAKUR TAJESWAR DUTT V. LAKHAN PRASHAD SINGH [REFERRED TO]
SURAJ DEO NARAIN V. SARJUG PRASAD,2 PATLJ 390 [REFERRED TO]
RAMPRIT PRASAD V. THAKUR SARAN [REFERRED TO]
RANI CHATTRA KUMARI DEBI V. PANDA RADHAMOHAN SINGARI [REFERRED TO]
PRITAM RAM V. DHARO RAI [REFERRED TO]
RAJENDRA PRASAD V. PRABODH CHANDRA [REFERRED TO]
SANGRAM SINGH V. ELECTION TRIBUNAL,KOTAH [REFERRED TO]
KRISHNA BEHARI LALL V. KEDAR NATH OJHA [REFERRED TO]
H N RISHBUD VS. STATE OF DELHI [REFERRED TO]
SATIS CHANDRA BANDOPADHYA VS. HASHEM ALI KAZI [REFERRED TO]
MONMOHAN RAY VS. PUNYABRATA DAS [REFERRED TO]
NATHU MANDER VS. SURAJ NARAIN JHA [REFERRED TO]
BARAIK RAM GOVIND SINGH VS. CHOWRA URAON [REFERRED TO]
MADHUSUDAN RAY VS. JOGENDRA KAR [REFERRED TO]
PARAN MUNDA VS. SANTOSH MAHTO [REFERRED TO]

JUDGEMENT

(1.) On this appeal, by defendants 3 and 4, from a judgment of reversal, of the Subordinate Judge, 1st Court, Patna, giving a declaration that the auction sale of the property of the plaintiff was void, the principal question of law, which has been raised on the part of the appellants, is: Whether, in the eye of law, a minor can be said to be a party to an execution proceeding, when a guardian-ad-litem has been appointed by the execution Court for him, without complying with the provisions of Sub-rule (4) of Rule 3 of Order 32 of "the Code of Civil Procedure, 1908?

(2.) The facts leading to the present appeal may shortly be stated as follows;

(3.) An ex parte decree for money was obtained by defendant 1 on the 9th May, 1930, against Balkrishna Das, and others, in a Small Cause Court suit, instituted on the 8th March. 1930, in the Court of Small Causes at Calcutta. This decree was put into execution on the 18th September, 1930. During the pendency of the execution case, Balkrishna Das, one of the judgment-debtors, died on the 20th November, 1930, and, in his place, his son Gopi Krishna Das, the now-plaintiff, who was then a minor, was substituted on the 2nd December, 1930, under the guardianship of his AIR 1955 SO 425mother.

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RAMCHANDAR SINGH Vs. B GOPI KRISHNA DASS

Referred Judgements :-

JUDGEMENT

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