Minor rights
subramaniam
(Querist) 29 May 2012
This query is : Resolved
In a Partition suit decree against Minor and Minor's father, the said suit filed by sister of the father i.e Aunt of the Minor.
Minor Represented by Guardian Mother.
Trail court decreed against Minor,
First Appeal court favour minor based on the grounds of Ouster.
Second Appeal reverse the order of First Appeal court against minor.
At the time of filling S.A. and A.S minor become a Major.
But Minor Not implead as a party in both Appeal. Minor only represented by his Guardian mother.
The said A.S and S.A. order bind the minor ?
Shall we challenge the S.A which is against the said minor.
Please advice my dear friends....
Shonee Kapoor
(Expert) 29 May 2012
Minor can not challenge the said decision on the basis that he has turned major,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Expert) 29 May 2012
Dear Querist,
In my view - the minor when he turned major - was under an obligation to elect - either to :-
i) Continue with the suit and discharge the guardian;
ii) Abandon suit by paying cost to the opposite party;
iii) Apply for a dismissal in case he asserts that the suit/defence to suit by Next Friend or Guardian Ad litem, was frivolous - if the court is satisfied Guardian pays the costs.
Having all these options, and having failed to exercised them, if the minor was aware of the proceedings, then the decree should bind him in my opinion.
