CPC - ORDER XXXII - Rule 3A. Decree against minor not to be set aside unless prejudice has been caused to his interests

---

⁴³ (1) No decree passed against a minor shall be set aside merely on the ground that the  next friend or guardian for the suit of the minor had an interest  in the subject-matter of the suit adverse to that of the minor, but the fact that by reason of such adverse interest of the next friend or guardian for the suit, prejudice has been caused to the interests of the minor, shall be a ground for setting aside the decree.

    (2) Nothing in this rule shall preclude the minor from obtaining any relief available under any law by reason of the misconduct or gross negligence on the part of the next friend or guardian for the suit resulting in prejudice to the interests of the minor.

 View Previous | View Next