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MOBILE EYE SERVICE versus DIRETCOR, S.W.


Subject to the application of section 12 (2) to Section 12 (2) and 0XXIII, R 3, the Civil Procedure Code, 1908, in the application of section 12 (2), it was alleged that the solicitor was on behalf of his client. There was no option to compromise. But there was not even a remote suggestion that his consent was affected by the consideration of any fraud, or that his consent with the opposing party in any way to compromise. It has been shown that there was no allegation of wrongdoing by the lawyer. When the authority to compromise on behalf of his client was not made at the time of settlement, no objection could then be raised in the presence of the parties and the lawyer. The provision of section 12 (2), Civil Code of Conduct, 1908, was not drawn to the facts of the case.

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