Sections 146 and 147 of the Code of Civil Procedure, 1908
Section 146 permits proceedings or applications to be taken by or against a person claiming under another person, unless the CPC or another law provides otherwise. Section 147 deals with consent or agreement made on behalf of a person under disability with the express leave of the Court.
Section 146 CPC - Proceedings by or against representatives
Save as otherwise provided by this Code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person, then the proceeding may be taken or the application may be made by or against any person claiming under him.
What Section 146 CPC means
Section 146 enables a person who claims through or under another person to continue, initiate or defend a proceeding or application where the original person could have done so. The provision operates subject to any contrary rule in the CPC or any other law in force.
Its practical purpose is to prevent a procedural right from failing merely because the interest concerned has passed to, devolved upon or is otherwise claimed through another person.
Section 147 CPC - 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.
What Section 147 CPC means
Section 147 protects persons under disability by requiring the Court's express leave before a next friend or guardian for the suit can give a binding consent or enter into a binding agreement concerning the proceeding on their behalf.
When that express leave is obtained, the consent or agreement has the same legal force and effect as if the person under disability had no such disability and had personally given the consent or made the agreement.