JASPRIT SINGH Vs. TINKU WADHWA & ORS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is indeed a very frivolous petition to say the least. This I am stating because admittedly the petitioner, who was the plaintiff in the trial court, got recorded his statement before the trial court on 20.10.2014 stating that he has settled all his disputes with the respondent no.1/defendant, and therefore he does not want to pursue the suit. Accordingly, the trial court vide order dated 21.10.2014 allowed the suit to be withdrawn.

(2.) The order passed by the trial court and the statement of petitioner which was recorded by the trial court read as under:-

(3.) As per the spirit of the provision of Section 96(3) of the Code of Civil Procedure,1908 (CPC) read with Section 141 CPC, the impugned order being a consent order, cannot be challenged in a higher court. As per the prayer clause, the petitioner is only impugning the order of the court below dated 20.10.2014, actually it should be 21.10.2014, whereby the trial court passed an order allowing the suit to be withdrawn in terms of the statement recorded on 20.10.2014