NUNDO LAL BOSE Vs. NISTARINI DASSI

JUDGEMENT

(1.) This is a suit instituted by one Srimati Nistarini Dassi as the widow and heiress of one Rai Mohendra Nath Bose against Rai Nunda Lal Bose, Rai Pasupati Nath Bose his brothers, in their personal character, and also as executors of the last Will and Testament of her husband, the said late Rai Mohendra Nath Bose, and against one Srimati Kadumbini Dassi, a Hindu widow; and the object of the suit is to have a certain Trust Deed, of which the said Kadumbini Dassi was the surviving trustee, and dated the 24 of May 1877, an award dated the 16 of July 1889, and a certain decree, dated the 29 of August 1889, declared fraudulent and void as against her and in no way binding upon the plaintiff, and to have the Will of the said Rai Mohendra Nath Bose construed and the rights of all parties thereunder ascertained and declared, for the administration of his estate, and for certain consequential relief.

(2.) The defendant Kadumbini Dassi did not appear in this suit, but the other defendants put in written statements, and the case came on for hearing in due course before Mr. Justice Stanley, and after hearing, which occupied many days, suggestions for a compromise of this and of other litigation between the parties were made.

(3.) It is alleged for the respondents in the present appeal, namely, the plaintiff, and the defendant, Pasupati Nath Bose, that after certain negotiations a compromise of this suit and the other suits, to which I have referred, was effected, that the defendant Nundo Lal Bose expressly authorized his counsel to consent to this compromise on his behalf, that the terms of the compromise came before Mr. Justice Stanley, and that he made a decree in terms of the compromise so alleged to have been entered into.