Code of Civil Procedure, 1908 · Order XXXII: Suits By Or Against Minors And Persons Of Unsound Mind

Order XXXII Rule 3A CPC: Decree against minor not to be set aside unless prejudice has been caused to his interest

Bare Act text

[3A. Decree against minor not to be set aside unless prejudice has been caused to his interest.—(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.]

Amendment notes

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

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

No decree against a minor is to be set aside merely because the next friend or guardian for the suit had an interest adverse to the minor, but it may be set aside if that adverse interest actually prejudiced the minor's interests. The rule also preserves any relief available under any law for misconduct or gross negligence of the next friend or guardian resulting in prejudice to the minor. Inserted by the 1976 amendment.