Decree against lunatic without appointment of guardian - Decree is nullity and sale held in execution of that decree is void ab initio Question of any party having to resort to provisions of O. 21, Rr. 89 and 90 to have sale set aside does not arise.

Citation

AIR 1968 SUPREME COURT 954

SUPREME COURT

(From Allahabad: AIR 1962 All 512)

J. C. SHAH , J. and V. RAMASWAMI , J. and V. BHARGAVA , J.

Civil Appeal No. 379 of 1965, D/- 8 - 12 - 1967

Ram Chandra Arya Appellant v. Man Singh and another Respondents.

(A)Civil P.C. (5 of 1908), O.32 R.15, O.32 R.3, O.21 R.89, O.21 R.90 - Decree against lunatic without appointment of guardian - Decree is nullity and sale held in execution of that decree is void ab initio Question of any party having to resort to provisions of O. 21, Rr. 89 and 90 to have sale set aside does not arise. Am 1967 SC 608, Disting.

(1904) 32 Ind App 23 (PC). Expl. AIR 1962 All 512 Affirmed.  (Paras 3 , 4)