PROBHAT CHANDRA SHOME Vs. SHASHADHAR KUMAR GHOSE

JUDGEMENT

(1.) This is an appeal from the judgment and decree of the Subordinate Judge, Dacca, dated 19th April 1915, confirming the decree of the Munsif of Munshiganj.

(2.) The suit was brought by the plaintiff, Shashadhar Kumar Grhose, for the cancellation of an agreement dated the 22nd Magh 1319 (4th February 1913). It appears that the plaintiff and the defendants are co-owners of certain properties. Something occurred early in November 1912, which led the parties to file complaints against each other in the Criminal Court. The agreement in question, which is an agreement for the partition of the common properties, is expressed to have been made for the purpose of putting an end to all disputes between the parties and for the purpose of settling or compromising the criminal cases which had been instituted and were still pending at the time.

(3.) The Courts below have concurred in setting aside the agreement on three grounds. They have held, firstly, that the agreement is opposed to public policy as being an agreement to stifle criminal prosecutions and, therefore, void under Section 23 of the Contract Act; secondly, that the Registering Officer had no jurisdiction to register the agreement, and thirdly, that the agreement was obtained by the exercise of undue influence.