Law:

Section:

Civil Procedure Code (V of 1908)- -- O. XXXII, i. 7-Compromise on behalf of minors-Provision of O. XXXII, r. 7-Does not insist upon filing of an application for permission before according permission to file compromise-Provision only requires Court to ensure compromise being beneficial to minors­ Court having been satisfied as to compromise being in interests of minor, allowed respondent concerned to enter into compromise, and decided case in terms of compromise, sufficient "compliance, held, made with requirements of law. ORDER The facts giving rise to this writ petition are that respondent No. 1, Maqbool Ahmed, filed a suit against the petitioners, Arshad Mahmud and others, ,and respondent No. 2, Abdus Sattar, for possession of certain land through pre-emption. The petitioners are brothers of respondent No. 2. As the petitioners were minors and respondent No. 2 was major, the said respon­dent was appointed as their guardian ad litem. The parties agreed to decide the suit on the basis of a special oath to be made by the son or brother of respondent No. 1 in regard to the actual price paid by him for the disputed land. The prescribed oath was made by his son and thereupon the suit was decreed on payment of Rs. 15,000. The judgment and decree of the trial Court were assailed by the petitioners by taking a revision petition before an Additional District Judge but without success. They have, therefore, invoked the Constitutional jurisdiction of this Court. 2. It was urged by learned counsel for the petitioners that since the petitioners were minors, the compromise in question could not be Entered into by their guardian ad litem, namely, respondent No. 2, without the permission of the trial Court and as he did not make any application in this behalf the judgment and decree passed by the learned trial Court in pursuance of the said compromise were without lawful authority. In this connection, be placed reliance on the provisions of Order XXXII, rule 7 of the Code of Civil Procedure. 3. In view of the submissions made by learned counsel. it was directed by me that the record of the case be requisitioned with a view to finding out if the application referred to above…

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