AIR 1947 SINDH 4

Sindh High Court

Hon'ble Judge(s): Davis , C.J. AND Thadani , J

Civil P.C. (5 of 1908) , S.151— Court misled into recording compromise by wrong statement of pleader that he had special authority to compromise -Court can set aside compromise under S. 151 -That order recording compromise is appealable is no bar. Where a Vakalatnama filed by a pleader on behalf of his client merely authorises him to appear and act in the case, the pleader cannot compromise the case on behalf of his client in the absence of special authority to that effect : ('16) 3 A.I.R. 1916 Sind 64 and ('36) 23 A.I.R. 1936 Sind 59, Rel. on.(Para 5C1) Where the Court was misled into recording a compromise in a suit by the statement of the pleader of a party that he was specially authorised to compromise the suit by his client when in fact he was not, the Court can set aside the compromise under S. 151. The mere fact that an appeal lies against the order of the Court recording the compromise does not debar it from acting under S. 151: 34 Bom. 408 and ('37) 24 A.I.R. 1937 Sind 101, Rel. on.(Para 5C1 6C1) .....