HRIDAY NATH SARKAR Vs. NIRODA SUNDARI DASYA

JUDGEMENT

(1.) The suit in which this appeal has arisen was one for setting aside a compromise decree. The suit in which that decree was passed was title Suit 704 of 1922 in which defendant 1 of this suit was the plaintiff, defendant 2, who is the plaintiff's husband, was originally the sole defendant, and the plaintiff was added as defendant 2 therein on the objection of her husband that she was the owner of some of the properties involved.

(2.) The Court of first instance dismissed the suit. The lower appellate Court has reversed that decision. Hence the appeal by defendant 1.

(3.) The plaintiff challenged the validity of the compromise alleging that she is an illiterate pardanashin lady, that she sent a vakalatnama through her husband to be filed in the suit, but gave no authority to anybody, either verbally or in writing, that she was all along under the impression that the suit was pending and that she did not know anything about the compromise and so the same was not binding on her. The defence was, amongst others, that the plaintiff had duly executed the vakalatnama that was filed, that her husband was looking after the suit and had authority to settle the terms of the compromise and to give instructions to the pleader who had appeared on her behalf, that she was perfectly aware of the compromise all through and that she was benefited by the compromise and had also approved of it. The issues framed in the suit, however, betray a lamentable lack of care on the part of those responsible for the framing thereof, and the "Gourd evidently did not consider the pleadings at the time when they were "framed.