Supreme Court of India · 1951-05-04
BISHUNDEO NARAIN AND ANOTHER vs SEOGENI RAI AND JAGERNATH
- Citation / case number
- SC 1950/4
- Court
- Supreme Court of India
- Petitioner
- BISHUNDEO NARAIN AND ANOTHER
- Respondent
- SEOGENI RAI AND JAGERNATH
- Bench
- KANIA, HIRALAL J. (CJ),SASTRI, M. PATANJALI,MAHAJAN, MEHR CHAND,DAS, SUDHI RANJAN,BOSE, VIVIAN
Judgment text excerpt
The Supreme Court held that under Order 32 Rule 7 of the Civil Procedure Code, a compromise in a partition suit involving a minor is valid if the court has sanctioned it after determining it is for the minor's benefit, even if the guardian did not obtain prior sanction before negotiating. The court disapproved the precedent set in Awadesh Prasad Missir v. Widow of Tribeni Prasad Missir, stating that the rule regarding unfair division does not apply when the minor was properly represented. The decree is binding unless fraud or negligence by the guardian is proven.