T SEKHARAN Vs. RAJAT JAIN

JUDGEMENT

(1.) This is an application, on behalf of the plaintiff under Section 151 CPC, praying for setting aside the Order dated 27.9.1999 which disposed of the suit in terms of an application under Order XXIII Rule 3 CPC.

(2.) The main plea of the learned counsel for the applicant/plaintiff is that under Section 18(1) of the Contract Act the settlement was not lawful. He further pleads that the settlement was voidable in view of Section 18 the Contract Act. His plea is that this Agreement was void or voidable under the Contract Act as per the Explanation under Order XXIII and hence not lawful.

(3.) The only factual basis for this plea found in the pleadings raised is that the applicant was misled by his counsel to agree to sign the application under the belief that the application incorporated the contents of the affidavit dated 2.9.99 and that there was not sufficient time available for the applicant to acquaint himself with the contents of the application sought to be challenged. It is his plea that the applicant/plaintiff who does not know either English or Hindi was persuaded in a hurry to sign the application under the belief that it incorporated the terms of the Affidavit dated 2.9.99 into the Agreement. He therefore signed this agreement and accordingly misunderstood the scope of the agreement and consequently the agreement is voidable as being unlawful. He further submits that the agreement occasioned substantial miscarriage of justice insofar as the applicant is concerned.