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april 1962

Supreme Court of India · 1962-04-27

DOKKU BHUSHAYYA vs KATRAGADDA RAMAKRISHNAYYA

Citation / case number
SC 1957/60178
Court
Supreme Court of India
Petitioner
DOKKU BHUSHAYYA
Respondent
KATRAGADDA RAMAKRISHNAYYA
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court ruled that Order 32, Rule 7 of the Code of Civil Procedure, 1908, does not apply to the withdrawal of an application for setting aside a sale in execution proceedings, as it pertains only to agreements affecting the suit itself. The Court held that the compromise made by the guardian without court leave was binding on the minor, as it did not affect the rights declared by the decree. The judgment clarified that Section 141 of the Code cannot extend the applicability of Order 32, Rule 7 to execution proceedings, thus affirming the lower court's decision.

DOKKU BHUSHAYYA vs KATRAGADDA RAMAKRISHNAYYA · Niyam