DOOLY CHAND SRIMALY Vs. MOHANLAL SRIMALI

JUDGEMENT

(1.) This is an appeal from the judgment of my learned brother, Mr. Justice Greaves, whereby he dismissed an application by one Dooly Chand Srimali to record certain terms of settlement in the suit.

(2.) The ground upon which my learned brother decided this case was that in recording a settlement he must be satisfied without any shadow of doubt that the parties intended to settle the disputes and that they understood and comprehended that they were so doing and that the terms wore terms to which they assented and agreed. The learned Judge then expressed himself as not being satisfied that this was so in the present case : and, consequently, the application was dismissed.

(3.) The learned counsel, who appeared for the appellant Dooly Chand, directed his attention to this part of the case in opening the appeal. But the learned Counsel, for the respondent, Sir Binode Mitter, took certain; points which go to the jurisdiction of the learned Judge and to the procedure which was adopted in this case - points to which I shall refer presently.