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may 1951

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.

BISHUNDEO NARAIN AND ANOTHER vs SEOGENI RAI AND JAGERNATH · Niyam