Baboo Lekraj Roy, Baboo Mahtab Chand And Others: PC 14 Dec 1871

Suit against the Guardians of a Minor, to recover moneys alleged to be due from the estate of the Minor’s Father. The Guardians compromised the suit and the Deed of Compromise were confirmed by the Court. After sixteen years, the Minor, being then of age, brought a suit against the Guardians to recover the mount paid under the Deed of compromise, alleging that the former suit was a, fictitious one, and the compromise fraudulent and collusive between the Plaintiff and his Guardians. On appcal, held, by the Judicial Committee, reversing the judgments of the Courts in India, (1) that, in the circumstances, the Guardians, in their discretion, were justified in making the compromise to protect the Infant’s estate, and (2) that the burthen of proving the allegation that the former suit was fictitious and collusive, was upon the Plaintiff, and in the absence of any such evidence by him that no debt was due from the Father’s estate, the onus probandii was not shifted on the Defandants to negative, such allegations.

Citations:

[1871] EngR 58, (1871) 14 Moo Ind App 393, (1871) 20 ER 833

Links:

Commonlii

Children, Trusts, Litigation Practice

Updated: 02 May 2022; Ref: scu.280239