Section 147 of The Code of Civil Procedure, 1908
Consent or agreement by persons under disability.
In all suits to which any person under disability is a party, any consent or agreement, as to any proceeding shall, if given or made with the express leave of the Court by the next friend or guardian for the suit, have the same force and effect as if such person, were under no disability and had given such consent or made such agreement.
Summary
- This section governs agreements made on behalf of people who cannot legally act for themselves.
- It applies to anyone under a disability, such as a minor or a person of unsound mind.
- Any consent or agreement in a suit requires the express leave, which is the formal permission, of the Court.
- The next friend or guardian for the suit must obtain this permission for the agreement to be valid.
- When validly made, the agreement is as effective as if the person had no disability.
FAQ
1. Does a minor's guardian need court permission for a settlement under Section 147 CPC?
Yes, Section 147 of the Code of Civil Procedure, 1908, requires that any consent or agreement by a guardian in a suit involving a minor must have the express leave of the Court.
2. What is the effect of an agreement approved under Section 147 of The Code of Civil Procedure, 1908?
Under Section 147 of The Code of Civil Procedure, 1908, an approved agreement has the same force and effect as if the person were not under any disability.
3. Who does Section 147 of the Code of Civil Procedure, 1908, apply to?
Section 147 of the Code of Civil Procedure, 1908, applies to any suit where a party is under a disability, such as being a minor or having an unsound mind.
Test yourself
1.Under Section 147 of The Code of Civil Procedure, 1908, whose leave is required for an agreement to be binding on a minor?
2.What is the legal requirement for a next friend to give consent in a suit under Section 147 of The Code of Civil Procedure, 1908?
3.Under Section 147 of The Code of Civil Procedure, 1908, an agreement made with court leave is:
4.Does Section 147 of The Code of Civil Procedure, 1908, apply to people of unsound mind?