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1933 Supreme(All) 111

COLLISTER, SULAIMAN
Suraj Ket Prasad – Appellant
Versus
Chandra Mul – Respondent


JUDGMENT

Sulaiman, C.J. - This is a plaintiff's appeal from an order rejecting his plaint. The suit was brought by Suraj Ket Prasad, one of the grandsons of Gur Charan Lal. It was alleged in the plaint that a partition suit, was filed in the Court of the Subordinate Judge of Fyzabad, which went up in appeal to the Chief Court at Lucknow, that in that appeal a compromise was filed between the parties and was signed by the plaintiff's father, which was accepted by the Court and a decree in terms of the compromise was passed. The plaintiff alleged that his father was a person of weak intellect, addicted to hemp, that he was under the undue influence of the other defendants, that he was in collusion with them at the time and it was in these circumstances that he made the application, styling it as a compromise, on 20th November 1919. The decree of the Judicial Commissioner of Oudh was passed in January 1920. The plaintiff alleged that the compromise was not binding on him and the decree passed by the Oudh Court on the basis of it was improper. There was no reference in the body of the plaint to any decree of the Court of the Subordinate Judge of Gonda. The claim was valued at Rs. 35,000

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