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1955 Supreme(Bom) 44

M.C.CHAGLA, S.T.DESAI
Laxmidas Ranchhoddas and Ors – Appellant
Versus
Savitabai Hargovindas Shah – Respondent


Judgment

1. This appeal raises a rather important question as to the authority of counsel to enter into a compromise on behalf of his client. The plaintiffs filed a suit, in which the compromise is alleged to have been arrived at, to eject the defendant who they alleged was a licensee.

The suit appeared as a short cause before Coyajee, J. This was on 22-6-1954. Before the suit reached hearing terms of settlement, were discussed between the defendant her husband and the solicitors on the two sides, and it was agreed that the suit should be placed at the bottom of the list so that the consent terms may be handed in.

At 4 p. m. the suit reached hearing and counsel for the plaintiffs, Mr. Laud, and counsel for the defendant. Mr. Bhat, applied to the Court that the suit should be placed at the bottom of the list as negotiations were going on. The learned Judge was not prepared to place the suit at the bottom of the list and asked the parties to discuss the matter in Court.

Thereupon the plaintiffs and the defendant and her husband the attorneys discussed the matter further in the corridor of the Court the solicitors of the plaintiffs informed Mr. Laud as to what the consent terms were
















































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