Saheeda Umma and Another v. Haniffa and Others – sllr 1999 volume 1 page 150

In the case between Saheeda Umma and another (including Sinnathamby Kabeer) as plaintiffs and Haniyffa and others as defendants, the court addressed the validity of a court settlement entered into on 22.10.1993, wherein the authority to settle was derived from a proxy allegedly signed fraudulently on behalf of the 2nd plaintiff-petitioner. The issue involved whether the settlement was legally effective under the Civil Procedure Code and if relief by way of restitutio in integrum was available given the circumstances of fraud and procedural irregularity. The findings established that the purported settlement, having relied on an invalid proxy not executed in compliance with statutory requirements for an illiterate party under section 408 of the Civil Procedure Code, was void for want of jur