TILAKDHARI BHAGAT Vs. JAGAT RAI

JUDGEMENT

(1.) This appeal, by the plaintiff, Tilakdhari Bhagat, is from the concurrent decisions of the courts below, dismissing his suit for setting aside the compromise decree, exhibit B, on the ground of fraud.

(2.) The sole question for determination, in the present appeal, is whether the grievance of the appellant that the finding of the court of appeal below that the compromise, exhibit B, was signed by the present plaintiff, then defendant 2 to the previous suit, is really based on a mere comparison of the signature of the plaintiff by the court itself and has been largely and mainly influenced by its own opinion, and, as such, it is not a legal finding which is binding in second appeal, is correct.

(3.) In order to determine this question, it is necessary to state briefly the material facts of the case having bearing on this question.