Back
A. BADHARUDEEN
Ashiya Ummal, D/o. Abdul Razak Rawther – Appellant
Versus
S. N. Sathy, D/o. Narayanan Vaidyan – Respondent
Key Points: - The court held that a compromise entered during the suit binds the 1st defendant/appellant because she gave consent to her lawyer and subsequently acted on the compromise, even though she did not sign it. [015000540290006][015000540290025] - An appeal against a compromise decree is permissible under Order XLIII Rule 1A(2) of the CPC, allowing the appellant to contest the decree on the ground that the compromise should not have been recorded. [015000540290010][015000540290014] - The compromise must be in writing and signed by the parties under Order 23 Rule 3 CPC; an advocate who signs without express authority renders the compromise unlawful unless the client’s subsequent conduct infers such authority. [015000540290009][015000540290018] - A party who did not sign the compromise but later acts upon it cannot avoid the subsequent decree merely on the ground of lack of signature. [015000540290021][015000540290025] - The second appeal was dismissed as meritless; all interlocutory orders were vacated and interlocutory applications dismissed. [015000540290026][015000540290027]
JUDGMENT :
The 1st defendant in O.S.No.108/1999 on the files of Munsiff Court, Punalur, who is aggrieved by the decree and judgment in A.S.No.10/2020 dated 31.01.2023 on the files of the Sub Court, Punalur, assails the same in this Second Appeal filed under Order XLII Rule 1 read with Section 100 of the Code of Civil Procedure. The 1st defendant in the above Suit is the appellant and the plaintiff and other defendants are the respondents in this case.
2. I shall refer the parties in this appeal with reference to their status before the trial court, as 'plaintiff’ and 'defendants’ hereafter for easy reference.
3. Heard the learned counsel for the appellant/1st defendant as well as the learned counsel appearing for S.N.Sathy, the original plaintiff in the above Suit.
4. Perused the judgments under challenge and the documents placed by the learned counsel for the 1st defendant and the learned counsel for the original plaintiff.
5. The plaintiff instituted the Suit for fixation of boundary, recovery of possession and consequential injunction. During pendency of the Suit, a compromise wa
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
