BINODILAL BISHAMBHARDAYAL HEIRS AND LEGAL Vs. VIRENDRASINGH ANANDRAO

JUDGEMENT

(1.) THIS is a petition by appellant No. 1 Binodilal s/o Bishambhardayal for setting aside a consent decree. For securing this he invokes powers of this Court under section 151, C. P. C.

(2.) FACTS leading upto the present petition are as follows : petitioner Binodilal, along with his two brothers Kirodimal and mahabirdayal and his two minor nephews Virendrakumar and Satyendrakumar sons of Raghuvirchand, was plaintiff in a suit filed against the heirs and legal representatives of one Virendrasingh Deshmukh viz. Satyendra singh and others for the recovery of Rs. 27,360/ -.

(3.) THIS suit was dismissed by the trial Court. The plaintiffs including petitioner binodilal preferred appeal against this decision. During the pendency of this appeal a compromise petition dated 1-2-1956 was filed. This was signed by Sahodra Devi w/o Raghuvirchand as representing the interest of her minor sons Virendrakumar and Satyendrakumar as also by Mahabirdayal for himself and as representing binodilal and Kirodimal, Mahabirdayal purported to represent Binodilal and kirodimal under a registered power of attorney executed by them in his favour. As the interest of minor appellants was involved permission of the Court was sought on the ground that the compromise was for the benefit of the minors.