9911796707
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Issues:
- Validity of a compromise petition in a suit for recovery of an amount due on a promissory note. - Allegation of fraud in obtaining the compromise and subsequent decree. - Jurisdiction of the Court to inquire into the consent of the parties in case of disputed compromises. - Remedy available to a party alleging fraud in a compromise. Analysis: The judgment in question pertains to a revision against the judgment of the Court of Small Causes in a suit for the recovery of an amount due on a promissory note. The Defendant alleged that a compromise petition was filed on behalf of both parties without his consent, leading to a decree in favor of the Plaintiff. The Defendant filed an application seeking to set aside the decree, claiming that he was not served with summonses and did not consent to the compromise. The key issue to be determined was the appropriate remedy available to the Defendant in such circumstances. The Court emphasized the distinction between cases where a party alleges lack of consent to a compromise and cases where fraud is alleged in obtaining the compromise. In instances where fraud is claimed, the Court has inherent power to correct its proceedings. Citing the Privy Council case of 'Unnoda Dabee v. Maria Louisa Stevenson', the Court highlighted the importance of ensuring proper representation of the parties in a compromise. The Court found merit in the Defendant's claim that he did not give his consent to the compromise, supported by the absence of summons served on him, advancement of the hearing date, and his affidavit. Consequently, the Court held that this was a case where one party may have practiced fraud upon the Court. Therefore, the Court allowed the revision, set aside the lower court's order, and remanded the case for an inquiry into the alleged compromise. The lower court was directed to determine the existence of the compromise and proceed accordingly. If consent was established, the decree would stand; otherwise, a proper trial would be conducted. In conclusion, the Court ruled in favor of the Defendant, highlighting the need for a fair and transparent process in compromise situations. The judgment underscored the Court's jurisdiction to rectify proceedings tainted by fraud and the importance of upholding the principles of consent and representation in legal matters.
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