Supreme Court of India · 1961-02-09
KAUSHALYA DEVI AND OTHERS vs BAIJNATH SAYAL AND OTHERS.
- Citation / case number
- SC 1956/135
- Court
- Supreme Court of India
- Petitioner
- KAUSHALYA DEVI AND OTHERS
- Respondent
- BAIJNATH SAYAL AND OTHERS.
- Bench
- GAJENDRAGADKAR, P.B.
Judgment text excerpt
The Supreme Court held that Order 32, Rule 7(2) of the Code of Civil Procedure, 1908, protects minors by allowing agreements made on their behalf to be voidable only by the minor, not by other parties. The Court clarified that a preliminary decree made without compliance with Order 32, Rule 7(1) is not a nullity and can only be challenged by the minor through an appeal against the preliminary decree, not the final decree, as per Section 97 of the Code. The High Court's decision to uphold this principle was affirmed, emphasizing the legal validity of the decree despite factual challenges.