In Brief
In this special leave petition, decree holders challenged a High Court order that set aside an ex parte decree in a specific performance suit. The trial court had decreed the suit without properly appointing a guardian for one defendant who was a minor, merely closing a guardianship application with a one-line order. The High Court, invoking its superintendence power under Article 227, examined the original records and found the procedure violated Order XXXII, Rule 3 of the Code of Civil Procedure. The Supreme Court upheld the High Court's order, holding that the Court cannot overlook procedural safeguards for minors despite party negligence, and that the High Court's superintendence powers are wide enough to set aside such decrees. The decree was a nullity.
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