Supreme Court of India

Bishundeo Narain and Another v. Seogeni Rai and Jagernath

Neutral citation
Reported as [1951] 1 S.C.R. 548
Bench Smu Liab.Ilal Kania C, Patanjali Sastri, - Mehar Chand Mahajan, S. R. Das and Vivian Bose JJ.
Decided 4 May 1951

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

12 Supreme Court benches have cited this judgment.

What the Court ordered

Accordingly, we dismiss the plaintills' suit with costs throughout, but make it plain that in doing so we do not adjudicate upon their right to seek parti­ tion of such properties as they contend are omitted to be partitioned under the compromise decree in the pending suit.

Judgment, page 13

From the headnote

Civil Procedure Code (Act V of 1908), 0. 32, r. 7-Suit for parti­ lion 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 divi­ non, effect of. Where a Court has sanctioned an agrccm.cnt 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

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