XS FINANCIAL SERVICES LTD Vs. N DEVENDRAN

JUDGEMENT

(1.) THIS Original Side Appeal is directed against the order of the learned single Judge dated 03.12.1997 made in Application No.2668 of 1997 in C.S.No.269 of 1996.

(2.) THE appellants are the plaintiffs and the respondents are the defendants in the suit and the parties are referred to in the order as arrayed in the appeal. Few facts, which are relevant for the disposal of the appeal may be summarized as follows:-

(3.) MR.T.Ramalingam, learned counsel appearing for the respondents would however contend that mere signing of the memorandum of compromise would not by itself amount to acceptance as to its contents and consequently for being filed into the Court for recording the same and for passing a compromise decree. At no point of time, the respondents agreed for the memorandum of compromise being filed into the Court as they disputed the very claim of the appellants for recovery of the money. To sustain the said submission, learned counsel for the respondent drew our attention to the fact that the original copy of the memorandum of compromise was with the first respondent and in the absence of the same, the appellants could not have filed the original copy before the Court for recording the memorandum of compromise. In the absence of original copy, the court ought not to have recorded the memorandum of compromise. Learned counsel would further submit that the application to set aside the order recording memorandum of compromise was rightly allowed by the learned Judge.