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AIR 2021 SC 3443
::AIROnline 2021 SC 333
Supreme Court Of India
Hon'ble Judge(s):
Indira Banerjee,
V. Ramasubramanian
, JJ
(A) Civil P.C. (5 of 1908) , S.115, O.32 R.3, O.9 R.13— Limitation Act (36 of 1963) , S.5— Revision - Exercise of revisional jurisdiction - Scope - High Court dealing only with a revision petition arising out of an order dismissing a petition under S. 5 of Limitation Act - But it does not take away or curtail jurisdiction of High Court to look into records with particular reference to an important rule of procedure, especially when same relates to something concerning persons under disability - Rigorous nature of Madras amendment to R. 3 of O. 32 attributed to wider jurisdiction that High Court exercised on its original side under Cl. 17 of Letters Patent and parens patriae jurisdiction that a Court normally exercises while dealing with cases of minors - Action of High Court in summoning original records in suit and finding out whether or not a guardian of a minor defendant was appointed properly in accordance with procedure prescribed in O. 32 R. 3, even in absence of a specific contention being raised by petitioners, plaintiffs, proper. Letters Patent (Madras) , Cl.17— O. 32 R. 3 found in First Schedule to Code. Under S.121 of Code, Rules in First Schedule shall have effect as if enacted in body of Code until annulled or altered in accordance with provisions of Part X which comprises of Ss. 121 to 131. High Courts empowered under S. 122 of C....
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