MONI LAL KAR CHOWDHRY Vs. UMA CHARAN CHAKRAVARTY

JUDGEMENT

(1.) This is an appeal under Clause 15 of the Letters Patent against a judgment of Mr. Justice Coxe by which he has confirmed a judgment of Mr. Roe who had reversed the decision of the Court of first instance.

(2.) The plaintiff sued to recover possession of land from the defendant. The Court of first instance found in favour of the defendant and dismissed the suit. Upon appeal the District Judge has reversed that decision and decreed the suit.

(3.) On behalf of the defendant the judgment of the District Judge was assailed before Mr. Justice Coxe on the ground that it was based on evidence not on the record. Attention was drawn particularly to two statements in the judgment. The District Judge states in one place that a previous suit between the parties was compromised. The statement is admittedly" erroneous. The suit to which reference is made, was not compromised, but what is stated to have been compromised was another suit, but the parties to that suit are not before the Court. Mr. Justice Coxe, however, stated that this error was immaterial because the learned Judge in the latter portion of his judgment states that the compromise decree is not evidence one way or another, though in an earlier portion he sets out the terms of the supposed compromise.