Rashid-un-Nisa v Muhammad Ismail Khan (1909)

CPC & Limitation Act · Inherent Powers & Interlocutory Orders (ss.148–151, s.94)

Facts.

A decree was passed against a minor who was not properly represented by a guardian for the suit.

Issue.

What is the effect of a decree passed against a minor without a duly appointed guardian ad litem?

Held.

Such a decree is a nullity and cannot be enforced against the minor; representation under Order 32 is mandatory.

Why it matters.

It shows why Order 32’s protection is not a formality — skip it and the whole decree collapses.

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