KEVAL KRISHAN CHADHA Vs. A K KOHLI

JUDGEMENT

(1.) This revision petition raises a short question of law :- "Is an agreement entered between the parties pursuant to a compromise arrived with the aid of police is not a valid and enforceable agreement and cannot form the basis of a summary suit under the provisions of order XXXVII of the Code of Civil Procedure.?"

(2.) The petitioner herein filed a suit under order XXXVII of the Code of Civil Procedure for recovery of Rs,90,424/- against the respondent on the basis of agreement dated 8/09/1998, reached between the parties pursuant to compromise/settlement through the cooperation of S.H.O. Police Station I.P. Estate, New Delhi. The learned Civil Judge to whom the suit was made over instead of treating the said suit as a summary suit and taking further proceedings in accordance with the provisions of order XXXVII Code of Civil Procedure, by an order dated 11.5.2000 treated the said suit as an ordinary civil suit and directed the issue of summons for settlement of issues in the ordinary form against the defendant, holding that the agreement relied upon by the plaintiff was not an agreement contemplated by rule 2 (b) of order XXXVII and it lacked order XXXVII Code of Civil Procedure. Aggrieved by the said order the petitioner had earlier filed a CM (M) bearing No. 388/00 which was dismissed as withdrawn by this court on .17.7.2000. however with liberty to the petitioner to take appropriate remedy against the impugned order. The petitioner has subsequently filed the present revision petition.

(3.) Notice to show cause was issued to the respondent who did not choose to appear or he represented in the proceedings. I have heard the learned counsel for the petitioner and have given my thoughtful consideration to his submissions. The agreement which is the basis of the summary suit filed by the petitioner is contained in a deed dated 8.9.98 prefaced as 'compromise letter'. The relevant portion of the said deed reads as under:-