NIVAS PRASAD SINGH Vs. KESHAVA PRASAD SINGH

JUDGEMENT

(1.) THE appellant, who attained majority in 1923, filed the present suit on June 12, 1926, seeking to set aside a compromise decree passed in 1912, by the High Court of Judicature at Fort William in Bengal. On January 25, 1932, the appellant's suit was dismissed for want of prosecution by a judgment and order of the High Court passed in its original jurisdiction (Lort Williams J.), which was affirmed on appeal by a judgment and order of the High Court dated July 11, 1932. Hence the present appeal.

(2.) THE litigation is concerned with the title to the Dumraon Raj, a large and important estate situated in the Shahabad District of the Province of Bihar and Orissa and other places, and ether properties pertaining to the Raj.

(3.) IN September 1910, J. A. M. Wilson, who had succeeded J. B. Rutherford as manager and guardian ad litem, obtained the leave of the High Court to prosecute an appeal against the decision of the Subordinate Judge. Thereafter the Court of Wards made over the estate to Keshava Prasad Singh, the latter furnishing security in Court. Mr. Rutherford became manager under the latter, and Angus Ogilvy was thereafter appointed guardian ad litem to the present appellant. The appeal came on for hearing before the High Court in April 1912, but it was adjourned on a suggestion from the bench that a settlement might be effected. A compromise was arranged among the parties and was submitted by the said Angus Ogilvy to the Court, by which, after certain alterations, it was approved as for the benefit of the present appellant. On May 17, 1912, the compromise was filed as of record and a decree was made in terms thereof. This compromise and decree forms the subject matter of the present suit, by which the appellant seeks to set it aside and to be remitted to his original rights so as to proceed with the appeal which was the subject of the compromise.