SETHURAM SAHIB Vs. VASANTA RAO ANANDA RAO DHYBAR

JUDGEMENT

(1.) The first point taken on behalf of the appellant was that the suit was premature. As regards this we agree with the Subordinate Judge that the words in exhibit A "as scheduled in the aforesaid suit" mean as specified in the schedules to the suit in question. In our opinion the suit was not premature.

(2.) The second point taken was that the compromise in Original Suit No. 2 of 1896 which is embodied in exhibit A was not binding on the first defendant, inasmuch as, when the compromise was entered into, the first defendant was a minor and the leave of the Court was not obtained for the compromise. This being so Mr. Sundara Ayyar contended that the decree given by the Subordinate Judge against the first defendant in a suit on the compromise agreement was wrong.

(3.) He also contended that, the compromise being invalid as against the first defendant, and in view of the terms of the compromise as to the mode of payment of the sum which the defendants agreed to pay, the decree against the second defendant also was wrong.