SHIVANANDAN PRASAD SINGH Vs. ABDUL FATEH MUHAMMAD REZA

JUDGEMENT

(1.) This is an application by way of review to set aside the judgment of this Court which was recorded on compromise.

(2.) Briefly stated the facts were that the present petitioner who was the plaintiff brought an action claiming a declaration that a certain mortgage granted by the second defendant in the action over the property which he had purchased from him was invalid. It is unnecessary to go into the allegations of the plaintiff in that action nor to state on what ground that mortgage was alleged to have been invalid; but it is sufficient to state the fact that the property had been sold to the plaintiff by defendant 2 and a mortgage had been executed in favour of defendant 1 over the same property. In the trial the plaintiff succeeded. Ultimately there was as appeal by defendant 1 to this Court against the decision of the trial Court.

(3.) The appeal was allowed as against defendant 2, but it is as regards defendant l's mortgage that this compromise which is now attacked was entered into. The terms substantially were that in consideration of the payment of upwards of Rs. 10,000 the plaintiff would convey the property to defendant 1. This compromise was recorded. This was on 8 March of this year, and it is now stated that that compromise was entered into without authority and that the plaintiff only obtained information of it on 10 March.