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Section 147: Consent or agreement by persons under disability

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 146 All 158 Sections of Code of Civil Procedure Section 148

Legal Commentary & Landmark Judgments: Section 147

Section 147 provides that in all cases to which Section 141 applies, any consent or agreement given by any person under disability shall have the same force and effect as if he were under no disability, provided it was given with the express leave of the court.

  • Consent on Behalf of Person Under Disability: In all cases to which Section 141 applies, any consent or agreement given by any person under disability, or by his next friend or guardian, shall have the same force and effect as if such person were under no disability.
  • Mandatory Leave of Court: Provided that such consent or agreement was given with the express leave of the court obtained in the manner provided by Order 32 Rule 7.
  • Protection of Minor's Interests: Court must examine whether the compromise or agreement is for the benefit of the minor before granting leave.
Key Landmark Precedents:
  • Dhirendra Nath Gorai v. Sudhir Chandra Ghosh, AIR 1964 SC 1300: The Supreme Court examined statutory consents in civil execution, affirming that agreements affecting minors require strict judicial sanction under Section 147.
  • Kailash v. Nanhku, (2005) 4 SCC 480: Affirmed the fiduciary duty of courts to scrutinize compromises affecting persons under legal disability.
Courtroom Practice & Strategic Litigation Guidance:

In any compromise of a partition or title suit involving a minor, ensure your application explicitly prays for leave under Order 32 Rule 7 read with Section 147, accompanied by an advocate's certificate of benefit to the minor.

Section 146 All 158 Sections of Code of Civil Procedure Section 148