Law: Civil Procedure Code (V of 1908)

Section: O. XXXII, r. 7

(a) Civil Procedure Code (V of 1908)-----   -----O. XXXII, r. 7-Com promise by next friend or guardian-Court before granting leave must exercise judicial discretion as to propriety of compromise in interests of minors and must have before it materials to satisfy its mind for declaring in clear terms that compromise was for benefit of minors-Court recording "simply in case of compro mise the minor-plaintiffs do not stand to lose anything . . . . . . therefore, permission is granted"-Discretion, held, not exercised judicially-Decree set aside.   P L D 1963 Azad J & K 23 ; P L D 1959 Azad J & K 19 ; A I R 1941 All. 431; A I R 1929 Born. 350 ; A I R 1930 Cal. 539 ;AIR 1935 Sind 95 ; A I R 1922 P C 186 and A I R 1937 P C 35 ref.   (b) Civil Procedure Code (V of 1908)-----   ----O. XXXII, r. 7-Pro cedure to set aside compromise-Compromise decree may be set aside not only by regular suit or Review but also by way of Revision Any person, though not party to suit, acting as next friend can move Court in Revision for setting aside compromise decree.   P L D 1959 Azad J & K 19 dissented from.   Civil Misc. Appeal No. 26 of 1957 (unreported) ref.     JUDGMENT   This is a revision petition against the order of the Sub -Judge, Bagh dated 7-11-62 by which the petitioner's review petition against the judgment and decree dated 2-6-62 was dismissed.   The facts giving rise to this revision petition are that Said Muhammad deceased vendor sold the suit land comprising khasras Nos. 1014, 1325, 1326 and 1021 measuring 33 kanals 5 marlas situate in village Thub, Tehsil Bagh for an ostensible consideration of Rs. 6,500 in favour of Faqar Din respondent by a sale-deed registered on 9-10-59. Sohbat Ali Khan respon dent and Abdul Hamid and Abdul Khaliq minor petitioners through their next friend Sohbat Ali Khan brought a suit to pre-empt the sale. Sohbat Ali Khan is a step-brother of the minors and all three are nephews of the vendor. It was alleged in the plaint that the sale was actually made for Rs. 1,500 and that the market value of the suit land was also Rs. 1,500. The suit was proceeding in the trial Court…