ANAND DEEP SINGH Vs. RANJIT KAUR

JUDGEMENT

(1.) Two applications, I.A. 7928/95 and I.A. 180/98 by defendants No.9 and 10 andthird application IA No. 5125/96 by defendant No. 8 have been filed under Order 23Rule 3 Civil Procedure Code for setting aside the compromise-decree passed on 25.8.1993.Briefly the facts are that plaintiff Anand Deep Singh had Filed a suit for partitionof immovable and movable properties, declaration of fights in the property and forrendition of accounts thereof. The properties are alleged to be owned by late SirDatar Singh. Sir Datar Singh died on 17.5.1973 leaving behind his widow, lady SatwantDatar Singh, two sons, Kanwar Mahinder Pal Singh and S. Maninder Singh and twodaughters, Smt. Arnleshwar Anand (defendant No.8) and Smt. Kirpal Kaur (defendant No.9). His widow died on 6.6.1979, Kanwar Mahinder Pal Singh, died on 4.4.198]defendants No.l to 5 are his widow and four daughters, S. Maninder Singh. also diedon 24.9.1987, leaving behind plaintiff, and defendant No.7, two sons, defendant No.6his widow and defendants No.11&12 two daughters. Defendant No.10 is the daughterof defendant No.9. Plaintiff had claimed partition in respect of the following properties :-Schedule "B"(1) Agricultural land measuring 322 acres situated at village Pipal Kheria,Distt. Raisen, M.P.(2) Agricultural land measuring 154 acres at Behragarh, Bhopal in villagesBheta and Laukheri, Tehsil Hazur, Distt. Bhopal. Schedule "C"(1) Agricultural land-at village Punjab Khore, Delhi measuring 1404 Bighas8 Biswas;(2) Rural land and 5 buildings in Abadi Die;(3) House No. 15 on Plot No.63, Block "A", New Rohtak Road, measuring2485 sq. yds.;(4) House No.B-68 Greater Kailash Part I. New Delhi measuring 1000 sq.yds;(5) Properties with Mountgumri Cooperative Joint Farming Society, PunjabKhore, Delhi of which Sir Datar Singh was the founder;Schedule No.II(6) House known as Retreat, Lower Mall, Kasuali, H.P.Moveahic properties10 tractors, II cars and two trucks and other implements and farm machineries.Another sui"t No. 63/75 had earlier been filed by S. Maninder Singh, lather ofplaintiff for partition.

(2.) During the pendency of these suits, defendants No.7, 9 and 10 had filed 1.A.No.1860/93 Ex.C-8 under Order 23 Rule 3 Civil Procedure Code entering into compromise as mentioned therein. This application was taken up by Court on 18.3.1993 when the counselfor defendants No.7, 9 and 10 accepted its correctness and counsel for plaintiff andother defendants raising no objection. That application was allowed and taken onrecord on 18.3.1993.

(3.) Another similar application I.A. 4252/93 Ex.C-8 under Order 23 Rule 3 (.'PC' wasfiled on behalf of defendants 7 and 8, who also entered into compromise. This applicalion was taken up by the Court on 27.5.1993. Learned counsel for the applicants madestatement about its correctness in the presence of the counsel for plaintifl and otherdefendants, who had no objection. This was also accepted and taken or record.