SUBHAS CHANDRA DEO AND ORS. Vs. SUBASINI DEB AND ANR.

JUDGEMENT

(1.) THIS Judgment will dispose of three First Misc. Apps. Nos. 8A, 9A and 10A of 1948.

(2.) THE appellants are Judgment debtors in two cases which have given rise to App. Nos. 8A and 10A of 194 Section the third App. No. 9A of 1948 arises out of a suit in which the appellants were the plaintiffs Respondents are the decree -holders in the two execution cases and defendants in, the suit (No. 4 of 1947) Instituted by the appellants.

(3.) THE case of the appellants was that the, three matters, viz., the two, execution proceedings and their own suit in which they had prayed for a decree for a sum of Rs. 3686 -3 -8 against the respondents were settled by a compromise' and the terms of the settlement were embodied in a document (Rafanama) marked Ex. 1. Act cording to the terms embodied in the rafanama (Ex. 1) which has been relied on by the appellant in all the three cases, the appellants became entitled to a sum of Rs. 2666/ - out of their claim in the suit and they were permitted to pay the decrial amounts claimed from them In the execution cases by installments. The applications in all the three cases were contested. The respondents averred that the document, Ex. 1 was collusive, fraudulent and forged. Respondent 1 denied that she signed, or executed it she also pleaded ignorance of the contents of the document and urged the document was not binding on the minor respondent under any circumstances. Respondent 1 is a widow and the second respondent is her minor son.