Supreme Court of India · 1961-02-20
SARDA PRASAD AND OTHERS vs LALA JUMNA PRASAD AND OTHERS.
- Citation / case number
- SC 1956/48
- Court
- Supreme Court of India
- Petitioner
- SARDA PRASAD AND OTHERS
- Respondent
- LALA JUMNA PRASAD AND OTHERS.
- Bench
- GUPTA, K.C. DAS
Judgment text excerpt
The Supreme Court held that the application for execution of a partition decree was barred by limitation under Section 7 of the Indian Limitation Act, 1908. The Court ruled that the managing member of the family could discharge the liability under the decree without the consent of the minor sons, thus time began to run against them from the date of the decree. The Court clarified that Order 32, Rules 6 and 7 of the Code of Civil Procedure did not prevent such discharge as it did not involve receipt of money or movable property, nor an agreement on behalf of the minors.