RAMANADHAN CHETTI Vs. NARAYANAN CHETTI ALIAS RANGANADHAN CHETTI

JUDGEMENT

(1.) The respondent Narayanan Clietti alias Ranganadhan Chetti while residing in Saigon brought a suit in the Subordinate Court of Madura (East) through Yenkasami Aiyangar who hold a general power of attorney from him and who was his recognised agent, against, among others, the appellant Kamanadhan Chetti as 4 defendant, with reference to certain disputes connected with the temple in Ariyakudi in the Sivaganga Zemindari, of which institution the respondent claimed to be one of the managers. Pending the suit the recognised agent and the appellant entered into a compromise in accordance with one of the terms of which the suit was to be withdrawn. The recognised agent not having in accordance with the compromise applied for the withdrawal of the suit, the appellant, under Section 375 of the Civil Procedure Code, brought the compromise to the notice of the Subordinate Judge who thereupon dismissed the suit on the 10 September 1901.

(2.) On the 5 November succeeding, the respondent applied for a review on the grounds that the recognised agent had no authority to enter into the compromise and that he acted fraudulently and in collusion with the respondent in the matter.

(3.) On the 18 December following, the respondent preferred an appeal to this Court against the decree dismissing the suit which appeal is still pending.