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Manika Mudeliar Vs. Dewasi Kamani Pillai and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in13Ind.Cas.595
AppellantManika Mudeliar
RespondentDewasi Kamani Pillai and ors.
Excerpt:
valil - power to compromise--vakil exceeding power--compromise prejudicial to client. - 1. we entirely agree with the district judge that the vakil for the 2nd defendant had no authority to enter into an, agreement which settled none of the matters in dispute between his client and the plaintiff, but left his client, to fight the whole matter out in a fresh litigation, surrendering possession of the property meanwhile to the plaintiff. we think he had power to enter into a compromise, but not to enter into the agreement in question. the vakil appears to have acted improperly in doing so. we dismiss the appeal with costs.
Judgment:

1. We entirely agree with the District Judge that the Vakil for the 2nd defendant had no authority to enter into an, agreement which settled none of the matters in dispute between his client and the plaintiff, but left his client, to fight the whole matter out in a fresh litigation, surrendering possession of the property meanwhile to the plaintiff. We think he had power to enter into a compromise, but not to enter into the agreement in question. The Vakil appears to have acted improperly in doing so. We dismiss the appeal with costs.


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