NDLI: Bishndeo Narain and Another Vs. Seogeni Rai and Jagernath

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Civil Procedure Code (Act V of 1908) r. 7 0. 32
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Civil Procedure Code (Act V of 1908), 0. 32, r. 7-Suit for partition to which minor is party-Compromise by guardian-Sanction of Court not obtained before entering into agreement-Validity of decree-Suit by minor to set aside decree-Mere unfairness of division, effect of. Where a Court has sanctioned an agreement or compromise in a suit to which a minor is a party after satisfying itself that it is for the minor's benefit, the decree based on the agreement or compromise cannot be held to be invalid or not binding on the minor merely because the sanction of the Court was not obtained by the next friend or guardian before he began to negotiate for the agreement or compromise.The rule that in the case of partition between. members of a joint Hindu family one of whom is a minor, if the minor, on obtaining majority, is able to show that the division was unfair and . unjust, the court will set it aside, does not apply to decrees in partition suits in which the minor was properly represented before the court. The 'decree is as binding on him as on the adult parties unless the minor can show fraud or negligence on the part of. his friend or guardian ad litem.
Judge	Hon'ble Mr. Justice Vivian Bose
Neutral Citation	1951 INSC 29
Petitioner	Bishndeo Narain And Another
Respondent	Seogeni Rai And Jagernath
SCR	[1951] 1 S.C.R. 548
Judgement Date	1951-05-04
Case Number	78

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