SUKUMARI DEBI Vs. MUGNEERAM BHANGER & CO

JUDGEMENT

(1.) This is an appeal by Sukumari Debi against a judgment of my learned brother Mr. Justice Buckland delivered on the 27 January 1926.

(2.) There was a suit which was brought by Mugneeram Bhanger & Co., who carried on business as stock and share brokers, against the defendant, Guru Pada Haldar. The appellant Sukumari is the wife of the defendant. An adjournment of the trial of the suit was obtained on or about the 15 August 1924, upon condition that the defendant should give security by depositing with the Registrar documents of title of properties to the extent of one lac of rupees for securing the plaintiffs claim to that extent. The case was adjourned until after the vacation.

(3.) It appears that the defendant and his wife deposited the title-deeds of certain properties with the Registrar. The properties are set out in the decree which was made by my learned brother on the 27 January 1926. The defendant was the owner of most of the properties, but the appellant, the defendant's wife, was the owner of one plot and had a leasehold interest in the other plots mentioned in the decree. The case came on for hearing in November 1924 and then a consent decree was made. The material parts of the decree which was dated the 14 November 1924 are as follows:---"The parties having agreed to the terms of settlement set forth in the schedule hereto annexed and marked A and the defendant through his Counsel undertaking to obtain the consent of his wife to the said terms, it is declared with the consent of the parties by their respective Counsel that the said terms ought, to be carried out and the same are ordered and decreed accordingly."