Supreme Court of India

Kaushalya Devi v Baijnath Sayal

AIR 1961 SC 790; 1961 SCR (3) 76919611 min read
The case in brief30-second read
Facts
In a partition suit, a preliminary decree was passed against a minor on a compromise by the guardian without the leave of the court. The minor's side challenged it in an appeal against the final decree. The Punjab High Court held that S.97 CPC barred this.
Issue
Whether a preliminary decree on a compromise without leave under O.XXXII R.7 is a nullity, and whether it can be challenged in an appeal from the final decree.
Held
O.XXXII R.7(2) means that an agreement or compromise in breach of R.7(1) is voidable only at the instance of the minor, not at the instance of any other party. It is not a nullity and must be avoided in appropriate proceedings. The remedy was an appeal against the preliminary decree; S.97 barred a challenge to it in an appeal against the final decree. The High Court's decision was affirmed.
Principle
A compromise on behalf of a minor without leave under O.XXXII R.7 is voidable only at the instance of the minor; it is not a nullity
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Facts

  • In a partition suit, a preliminary decree was passed against a minor on a compromise by the guardian without the leave of the court. The minor's side challenged it in an appeal against the final decree. The Punjab High Court held that S.97 CPC barred this.

Issue

  1. Whether a preliminary decree on a compromise without leave under O.XXXII R.7 is a nullity, and whether it can be challenged in an appeal from the final decree.

Held

  • O.XXXII R.7(2) means that an agreement or compromise in breach of R.7(1) is voidable only at the instance of the minor, not at the instance of any other party. It is not a nullity and must be avoided in appropriate proceedings. The remedy was an appeal against the preliminary decree; S.97 barred a challenge to it in an appeal against the final decree. The High Court's decision was affirmed.

Ratio decidendi

Breach of O.XXXII R.7 makes the compromise voidable at the minor's option, so the minor must avoid it by the proper proceeding, and S.97 applies to a preliminary decree based on it.

Exam use

How to use it in an answer

Cite whenever a question involves a compromise by a next friend or guardian without leave.

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Citation

Kaushalya Devi v Baijnath Sayal AIR 1961 SC 790; 1961 SCR (3) 769

Reported: https://indiankanoon.org/doc/1128656/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.