BHAI SARABJIT SINGH Vs. INDU SABHARWAL

JUDGEMENT

(1.) The plaintiff has instituted this suit for declaration of the Settlement Agreement dated 6th August, 2010, entered into between the plaintiff and the three defendants and on the basis of which CS(OS) No.1698/2007 was decreed on 8th November, 2013, as null and void on account of fraud and misrepresentation played upon the plaintiff by the three defendants, pleading:-

(2.) The suit came up first before this Court on 14th March, 2014 when the senior counsel for the defendant no.1 as well as the counsel for the defendants no.2&3, though not on caveat, appeared; owing to applications filed in CS(OS) No.1698/2007 pending before this Bench, this suit was ordered to be listed before this Bench.

(3.) The senior counsel for the defendant no.1 and the counsel for the defendants no.2&3 have contended that the suit is not maintainable.