Sm. Sumitra Devi Agarwalla vs Sm. Sulekha Kundu And Anr. on 24 February, 1976
Learned senior counsel for the petitioner pressed into service a reported
judgment of the Calcutta High Court in the case of Sm. Sumitra Devi
Agarwalla v. Sm Sulekha Kundu and another, reported in AIR 1976
Cal. 196 (1) and submitted that the term "lawful agreement" in order 23
Rule 3 does not include with it, agreement which is initiated by fraud,
undue influence or coercion. The learned senior counsel invited my
attention to paragraphs 8 and 9 of the said judgment and submitted that
consent terms are signed by the petitioner by force and coercion.