SOURENDRA NATH MITTER Vs. SMTARUBALA DASSI

JUDGEMENT

(1.) This is an application by the Plaintiffs in the suit for a certificate that the case is a fit one for appeal to His Majesty in Council.

(2.) The suit was brought by the Plaintiffs for partition by metes and bounds of the properties described in the plaint. During the course of the trial it was alleged that a compromise between the parties had been arrived at and an application was made on behalf of the Plaintiff's to the learned Subordinate Judge for recording the compromise and for a decree in accordance with the terms of the compromise. The Defendant Srimati Tarubala Dassi objected to the compromise being recorded and to a decree being passed on the ground that the compromise had not been made with her authority. The learned Subordinate Judge heard evidence-both oral and documentary - and came to the conclusion that the compromise had been arrived at and was binding upon the parties. The learned Judge ordered the compromise to be recorded and made a preliminary decree in accordance therewith so far as it related to the suit.

(3.) The Defendant then preferred an appeal to the High Court against the order recording the compromise and against the decree and the appeal was heard by my learned brothers Mr. Justice Walmsley and Mr. Justice Bepin Behary Ghose. These two learned Judges allowed the appeal and remanded the case to the trial Court in order that it might be heard from the stage at which it had reached on the 3 September 1923.