Gulab Dei vs Vaish Motor Company - 1925 Supreme(All) 277

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1925 Supreme(All) 277

SULAIMAN
Gulab Dei – Appellant
Versus
Vaish Motor Company – Respondent

JUDGMENT

Sulaiman, J. - This is an appeal from an order of remand in a suit brought by Mt. Gulab Dei, on behalf of herself and as guardian of her minor son, against a motor company for accounts. The case was apparently being looked after by her father as her pairokar, and on-the 2nd of August, 1923, when she was not herself present in the Court, the case was compromised on her behalf and on behalf of her minor son on instructions given by her father, Shankar Lal. The Court recorded this compromise and passed a decree in terms of it. Mt. Gulab Dei, for herself and on behalf of her minor son, appealed to the District Judge from this order recording the compromise and urged that she had never given any authority to the compromise being made, that the compromise was not for the benefit of the minor, and that no leave of the Court having been obtained, it was a nullity. The learned Judge came to the conclusion that it was not clear whether Shankar Lal had authority to enter into the compromise, or that the compromise was for the benefit of the minor. He has accordingly remanded the case to the Court of first instance, but has given directions as to how the Court is to proceed in case it

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