Deed and document:
Power of Attorney (POA) - Party executing the POA is
bound by the acts of the POA holder- On facts, predecessor-in-interest of appellant executed POA in favour of respondent 9 - On the death of predecessor, all the appellants executed
POA in favour of respondent 9 - On the basis of POA, respondent 9 entered into consent terms with opposite parties
- Consent terms challenged by appellants - Held: Appellants
are estopped from questioning the, acts done by respondent
9 - Court can accept the consent terms entered into by the
POA holder on behalf of the parties and consent decree so obtained would be valid - Compromise/Settlement- Estoppel
- Consent decree - Power of Attorney.
Code of Civil Procedure, 1908:
0.23 r.3 - Compromise under - Burden to prove that compromise tainted by fraud or coercion - Held: Lies on the
party who alleges the same - On facts, particulars in support
of the allegation of fraud or coercion in obtaining consent
decree not properly pleaded as required by law - Consent
decree would remain valid - Compromise/settlement - Consent decree.