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1955 Supreme(Mad) 256

PANCHAPAKESA AYYAR
Athappa Gounder alias Poosari Gounder – Appellant
Versus
Periasami Gounder – Respondent


Advocates:
K.S. Desikan and V.S. Rangaswami Ayyangar for Petitioners.
S. Ramachandra Ayyar and M.R. Narayanaswami Aiyar for Respondent.

Judgment

These C.R.Ps. raise a very important question of law, viz., whether a compromise can be recorded by Court, and a decree passed in terms thereof when it does not fall under one of three known categories, namely, (1) where all parties involved are knowingly and willingly parties to an oral adjustment or the compromise, the terms of which they know and have accepted; (2) where the advocates or lawyers appearing for the parties, exercising the powers given to them under their vakalats, adjust the matter and enter into a compromise whether the parties have agreed or not; and (3) where the terms of the compromise have been embodied in a document presented to Court, signed by the parties and their advocates, and the Court is asked, by a separate petition, to pass a decree in terms of the compromise, permitting, as beneficial, minors, lunatics, etc., if any to enter into it.

The facts in this case are rather curious. The respondent in both these C.R.Ps., one Periaswami Gounden, filed two suits in the District Munsif’s Court Coimbatore. One was O.S. No. 865 of 1952, District Munsif’s Court, Coimbatore which later on, became, on transfer, O.S. No. 48 of 1954, District Munsif Court, G












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