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Ramasawmi Odayan Vs. P.M. Ramasawmi Odayan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1910)20MLJ386
AppellantRamasawmi Odayan
RespondentP.M. Ramasawmi Odayan and ors.
Cases ReferredSadashiv Rayaji v. Maruthi Vithal I.L.R.
Excerpt:
- 1. sadashiv rayaji v. maruthi vithal i.l.r. (1890) b. 455 is authority that a vakil, unless specially empowered, cannot bring a suit to a close by offering to be bound by the oath of the opposite party in a particular form, and we are prepared to follow that decision. it is not shewn in this case that the vakil was specially empowered. as to the evidence given by the plaintiff the district judge has disbelieved it and we cannot interfere in second appeal. this appeal is dismissed with costs.
Judgment:

1. Sadashiv Rayaji v. Maruthi Vithal I.L.R. (1890) B. 455 is authority that a vakil, unless specially empowered, cannot bring a suit to a close by offering to be bound by the oath of the opposite party in a particular form, and we are prepared to follow that decision. It is not shewn in this case that the vakil was specially empowered. As to the evidence given by the plaintiff the District Judge has disbelieved it and we cannot interfere in second appeal. This appeal is dismissed with costs.


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