Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Compromise by guardian Leave of Court not obtained Whether binding on minor code of civil Procedure 1908 Decree against minor Civil Procedure Execution and sale Application for setting aside sale |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Civil Procedure—Decree against minor—Execution and sale—Application for setting aside sale—Compromise by guardian—Leave of Court not obtained—Whether binding on minor—Code of Civil Procedure, 1908 (Act V of 1908), S. 14, O. 32, r. 7.One B obtained a decree for money against the appellant and his father. The appellant was a minor and was re-presented by his maternal grandfather as his guardian. In execution certain properties were sold and the appellant filed an application for setting aside the sale through his guardian. The guardian entered into a compromise with the decree holder and the auction purchaser under which the application was withdrawn. Subsequently the sale was confirmed. After attaining majority the appellant filed a suit for setting aside the order for withdrawal of the application for setting aside the sale and for a rehearing of that application on the ground that the guardian had not obtained the leave of the court as required by O.32, r. 7 Code of Civil Procedure before entering into the compromise.Held, (per Suhba Rao and Mudholkar, JJ., Sarkar, J. contra) the O.32, r.7 was not applicable to the withdrawal of the application for setting aside the sale and the order for withdrawal of that application was binding on the appellant. Order 32, r. 7 is applicable only to “‘an agreement or compromise with reference to the suit”, and there are the following limitations to its applicability: (i) it is applicable only where the rights put in issue in the suit are involved and not to-mere procedural steps; (ii) it is applicable only during the pendency of the suit which includes execution proceedings; and (iii) the agreement or compromise must be with a party to the suit. Though the application for setting aside the sale was an application in execution of the decree, the agreement or compromise entered into by the guardian with the auction purchaser to withdraw the application did not affect the rights and liabilities declared by the decree and therefore leave of the court under O.32, r.7, was not necessary. Section 141 of the Code could not be utilised to make O.32, r.7 applicable to the agreement in question as s. 141 was applicable to original proceedings and not to proceedings in execution. Per Sarkar, J.—The leave of the court under O.32, r. 7 was necessary before the guardian could enter into the agreement or compromise to withdraw the application for setting aside the sale. There was no justification for limiting the operation of the rule in its application to execution proceedings only to compromises which directly affected the rights and liabilities under the decree; it was applicable to all compromises which brought a proceeding to an end thereby affecting the rights and liabilities of the minor, The compromise in the Present case was not merely concerned with the conduct of proceedings but it seriously affected the liability of the appellant under the decree |
Judge | Honble Mr. Justice A.K. Sarkar Honble Mr. Justice K. Subba Rao |
Neutral Citation | 1962 INSC 171 |
Petitioner | Dokku Bhushayya |
Respondent | Katragadda Ramakrishnayya |
SCR | [1963] 2 S.C.R. 499 |
Judgement Date | 1962-04-27 |
Case Number | 483 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |