SUDHA JAIN Vs. SUBHASH CHAND JAIN

JUDGEMENT

(1.) The matter has been put up before this Bench in terms of the order dated 17th April, 2013 of the Joint Registrar for recording of settlement which the parties on 17th April, 2013 reported before the Joint Registrar had been arrived at in terms of the Deed of Family Settlement filed before the Joint Registrar on that date.

(2.) The counsel who was earlier representing all the six plaintiffs and the counsel who represents all the four defendants (it is informed that an amended memo of parties on demise of some of the parties was filed which is not found on Part-I file) support the said Settlement and seek that that the suit be decreed in terms thereof.

(3.) However, Mr. Sachin Jain, Advocate appears and states that he has after 17th April, 2013 filed his Vakalatnama on behalf of the plaintiffs No.1 & 4 to 6 and objects to the suit being decreed in terms of the Deed of Family Settlement. I.A. No.7178/2013 has been filed by the said plaintiffs to restrain plaintiffs No.2 & 3 and the erstwhile Attorney from withdrawing this suit on the basis of collusive Deed of Family Settlement dated 16th April, 2013 and to allow the suit to proceed.