Mera Samvidhaan All of Code of Civil Procedure, 1908

Order XXXII · Suits by or against minors and persons of unsound mind

3ADecree against minor not to be set aside unless prejudice has been caused to his interest.

Order 32, Rule 3A

(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 reasons 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.]

3 Ins. by s. 79, ibid. (w.e.f. 1-2-1977).

Order 32, Rule 3A of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.