CHUNI LAL MANDAL Vs. HIRA LAL MANDAL

JUDGEMENT

(1.) This is an application to vacate a decree made by this Court by consent of parties on 15th December 1926.

(2.) The parties to the litigation are related to each other as sons and mother, the plaintiff and defendant 1 being sons and defendant 2 being the mother.

(3.) After the case had been opened and one witness was being examined certain terms were put in by Mr. Roy who appeared for defendant 1 and these were accepted by Mr. Ghose for the plaintiff and by Mr. Mitter for defendant 2, though it does not appear that any of the learned Counsel actually signed the proposed terms. Thereupon an order was made by consent embodying the terms recorded, giving the parties liberty to apply during the enquiry which was to be held by Mr. H.K. Mitter, Barat-Law. On the following day Mr. Mitter informed the Court that his client Nistarini Dassi was not prepared to accept the terms embodied in the agreement. Notice was thereupon given to the other two learned Counsel and the matter was heard upon affidavit.