TMI Blog1952 (9) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... amount due on a promissory note alleged to have been executed by the Defendant on 29-3-1951. The hearing in the case was fixed for 21-9-1951. Before, however, the date of hearing came an application was filed in the Court purporting to be a compromise petition on behalf of both the parties on 6-9-1951 and the order of the Judge of that day is to the following effect: The hearing has been advanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as to what is the remedy of the Defendant, having regard to the circumstances of this particular case. In all such cases where a compromise is alleged by one party and denied by the other, the procedure has always been to direct the party to file a regular suit, for, the allegation of the party is that the compromise was brought about by practicing fraud upon him. Otherwise the Court has jurisdic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts could be assumed but the vice of the arrangement is that it was made without the party who is principally affected being sufficiently represented. In such a case the Court has jurisdiction to enquire into the fact as to whether the party gave his consent. The record does not show that the Defendant was served with summons. The verification on the back of the compromise petition does no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lower Court and remand the case to the Court of Small Causes for enquiring into the fact as to whether there was a compromise as alleged and decide the case according to law. If the lower Court comes to the conclusion that the defendant gave his consent, then the decree would stand; otherwise the case would have to be heard and judgment pronounced after proper trial. The petitioner will be entitle ..... X X X X Extracts X X X X X X X X Extracts X X X X
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