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december 1967

Supreme Court of India · 1967-12-08

RAM CHANDRA ARYA vs MAN SINGH & ANR.

Citation / case number
SC 1965/153
Court
Supreme Court of India
Petitioner
RAM CHANDRA ARYA
Respondent
MAN SINGH & ANR.
Bench
BHARGAVA, VISHISHTHA

Judgment text excerpt

The Supreme Court held that a decree passed against a lunatic without appointing a guardian-ad-litem is a nullity and void under Order 32 Rule 15 of the Code of Civil Procedure (Act 5 of 1908). Consequently, any sale executed under such a decree is void ab initio, meaning no rights can be acquired by the purchaser. The Court affirmed that since the lunatic died without heirs, the property escheated to the Maharaja of Jaipur, consistent with Hindu law principles.

RAM CHANDRA ARYA vs MAN SINGH & ANR. · Niyam