VidhiSangh

Supreme Court of India · 16/07/2021

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

[2021] 5 S.C.R. 350 · 2021 INSC 337

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Summary

The Court upheld the High Court’s use of Article 227 to set aside an ex parte specific-performance decree where the trial court had failed properly to appoint a guardian for a minor defendant under the applicable Madras rules. That defect could be examined in a revision arising from refusal to condone delay, even without a specific plea. Prejudice to the minor had also been found. The defendants’ negligence did not excuse the court’s failure to protect the minor.

Issues

  1. Whether the High Court could examine the failure to appoint a minor’s guardian and set aside the decree under Article 227 in proceedings arising from refusal to condone delay.
  2. Whether the applicable guardian-appointment requirements had been satisfied.

Provisions considered

Held

Result

Special leave petition dismissed; the High Court’s conditional setting aside of the ex parte decree remained in force.

Judgment PDF: Supreme Court of India, [2021] 5 S.C.R. 350.