Law:

Section:

Civil Procedure Code (V of 1908)-------S. 147, O.XXXII, R.7 & O.XXIII, R.3---Specific Relief Act (I of 1877), Ss.8, 9, 10 & 55---Compromise---Suit for possession through partition, rendition of account, recovery of profits and permanent injunction---Request for compromise was granted by the Trial Court being fully conscious of rights and interest of plaintiffs who were then minors and were being represented by their father---Terms of compromise were partly performed by making payment in the Court and received by the plaintiff---Case was adjourned for payment of balance amount and on the adjourned date, plaintiff refused to receive that amount and applied for the cancellation and rescission of the compromise contending that since the interest of the minors was involved, the Court was under duty to take care of their interest and guard the same and that in the original suit all the properties were not included and some valuable properties had been left out and therefore, the case required to be decided on merits---Validity---Once the matter was finally resolved by making statements, plaintiff should have honoured the same instead of playing hide and seek and changing stance time and again before the Court---Plaintiff could not successfully plead that being father of the minors, he was not looking after their interest---Minors, who were now major had not alleged that their father had been siding with the other side i.e. defendants or acting contrary to their interest, rather the plaint disclosed that father had no adverse interest against his minor children---Mere omission of some properties (if at all there be any) from the suit or the compromise, would lend no justification to withdraw, resile or get out of compromise arrived at being fully conscious of the rights and interest of the minors---Compromise having been implemented and even benefit thereunder having been derived by the plaintiff by receiving the amount in the Court, the sanctity of such a compromise could not be eroded and nullified on such flimsy premises ---Factum of compromise and settlement of the matter, in the present case, was not once but twice admitted and owned before the…

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