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1957 Supreme(All) 91

MUKERJI, SRIVASTAVA
LARAITI DEVI – Appellant
Versus
SIA RAM – Respondent


Advocates Appeared:
S.C.KHARE

SRIVASTAVA, J.

( 1 ) THIS is a plaintiffs application in revision. She filed a suit against the defendant, now opposite party, for the recovery of Rs. 8497/ -. On the date fixed for final hearing of the case, a compromise purporting to have been arrived at between the parties was filed in Court. The compromise was signed by the vakil for the plaintiff, the defendant himself and the defendants counsel. The compromise was put up before the Court and was duly verified on behalf of the plaintiff by her counsel and by the defendant personally. The Court on 30-1-51 passed an order in these terms: "parties file compromise. Order the suit is decreed in terms of the compromise, 35b which shall be part of the decree. "

( 2 ) A formal decree was drawn up and was signed on 5-2-51. On 9-2-51 the defendant filed an implication headed as an application under Section 151 Civil P. C. , in which he alleged that the plaintiffs son had persuaded him to sign the compromise by practising fraud and misrepresentation. He further said that he had not been allowed to consult his counsel and had signed the compromise without understanding its contents. At the time of the verification also the compromise had n

















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