Madras High Court
Ramasawmi Odayan vs P.M. Ramasawmi Odayan And Ors. on 8 October, 1909
Equivalent citations: (1910)20MLJ386
JUDGMENT
1. Sadashiv Rayaji v. Maruthi Vithal (1890) I.L.R. 14 B. 455 is authority that a vakil, unless specially empowered, cannot bring a suit to a close by offering to be bound by the oath of the opposite party in a particular form, and we are prepared to follow that decision. It is not shewn in this case that the vakil was specially empowered. As to the evidence given by the plaintiff the District Judge has disbelieved it and we cannot interfere in second appeal. This appeal is dismissed with costs.