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1957 Supreme(Mad) 52

RAMASWAMI GOUNDER
Govindammal – Appellant
Versus
Marimuthu Maistry – Respondent


Advocates:
R. Desikan, for Appellant.
R. Subrahmanyam and Ch. Sankara Rao, for Respondents.
T.M. Krishnaswami Ayyar (Amicus -curiae).

Judgment

This appeal is directed against the decree and judgment of the learned Subordinate Judge of Cuddalore in O.S. No. 40 of 1952.

The facts are: The plaintiff Govindammal filed two suits in the Chidambaram District Munsif’s Court, O.S. Nos. 151 of 1950 and 180 of 1950, relating to two sets of properties against Marimuthu Maistri, the first defendant, and others. After the said suits came on for trial, the parties reported a settlement of both the suits. An endorsement was made on the plaints in both the suits whereby the parties agreed to allow the plaintiff to have a decree in respect of the properties in O.S. No. 180 of 1950 and the claim in O.S. No. 151 of 1950 was allowed to be dismissed without costs. The plaintiff’s father has attested the endorsements, as he was admittedly looking after her interests. The vakil for the plaintiff also signed the endorsements and consented to the dismissal of O.S. No. 151 of 1950. On the ground that the vakil had no authorisation to enter into any compromise and that her father was also not her authorised agent, this Govindammal filed a review application for setting aside the order of dismissal of the suit O.S. No. 151 of 1950 in the Chida
















































































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