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

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.514
AppellantRamasami Odayan
RespondentP.M. Ramasami Odayan and ors.
Cases ReferredSadasshiv Rayaji v. Maruti
Excerpt:
oaths act (x of 1873) - oath in a particular form--vakil's authority to terminate suit by agreeing to an oath. - 1. sadasshiv rayaji v. maruti 14 b.k 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 shown in this case that the vakil was specially' empowered. as to the evidence given by the plaintiffs, the district judge has disbelieved it; and we cannot interfere in second appeal. this appeal is dismissed with costs.
Judgment:

1. Sadasshiv Rayaji v. Maruti 14 B.k 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 shown in this case that the Vakil was specially' empowered. As to the evidence given by the plaintiffs, the District Judge has disbelieved it; and we cannot interfere in second appeal. This appeal is dismissed with costs.


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